MILES v. UNITED STATES

C.D. 3589; Protest No. 66/70474-5469.

290 F.Supp. 395 (1968)

Rudolph MILES v. UNITED STATES.

United States Customs Court, Third Division.

October 14, 1968.


Attorney(s) appearing for the Case

Peticolas, Luscombe & Stephens, El Paso, Tex. (Mark F. Howell, El Paso, Tex., of counsel), for plaintiff.

Edwin L. Weisl, Jr., Asst. Atty. Gen. (Andrew P. Vance and Dominick M. Minerva, New York City, trial attorneys), for defendant.

Before RICHARDSON and LANDIS, Judges.


LANDIS, Judge:

This protest covers 23 entries of copper scrap entered for consumption after February 8, 1966. The district director at El Paso, Tex., liquidated the entries on March 7, 1966, March 31, 1966, and April 25, 1966. He assessed duty at 1.7 cents per pound on 99.6 percent of cooper content under the eo nomine provision in TSUS item 612.10 for copper waste and scrap.

TSUS item 612.10 is part of "Schedule 6, Subpart C—Copper" which footnotes...

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