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UNITED STATES v. NATIONAL STARCH PRODUCTS, INC.

Customs Appeal No. 5088.

318 F.2d 737 (1962)

The UNITED STATES (Index Industrial Corp., Party in Interest), Appellant, v. NATIONAL STARCH PRODUCTS, INC., Appellee.

United States Court of Customs and Patent Appeals.

December 12, 1962.

Attorney(s) appearing for the Case

Martin L. Friedman, Washington, D. C., William J. Barnhard, Bruce E. Clubb, Washington, D. C. (Chapman & Friedman, Washington, D. C., of counsel), for Index Industrial Corp., party in interest.

Lamb & Lerch, New York City (J. G. Lerch, New York City, of counsel), David A. Golden, New York City, for appellee.

Herbert A. Fierst, Washington, D. C., amicus curiæ.

Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH and ALMOND, Judges.

SMITH, Judge.

In a decision dated May 18, 1962, we affirmed the decision of the Customs Court which had sustained an American manufacturer's protest under section 516(b) of the Tariff Act of 1930, as modified by the Annecy Protocol to the GATT, T.D. 52373, supplemented by Presidential Proclamation, T.D. 52462. The imported merchandise is 4' × 8' sheets of "particle board."

Appellant filed a Petition for Rehearing which was granted and the matter has been...

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