JAMES G. WILEY CO. v. UNITED STATES

C.D. 3738; Protest No. 66/80049-86998.

296 F.Supp. 955 (1969)

JAMES G. WILEY CO. a/c J. R. Bateman v. UNITED STATES.

United States Customs Court, Second Division.

March 13, 1969.


Attorney(s) appearing for the Case

Stein & Shostak, Los Angeles, Cal. (S. Richard Shostak, Los Angeles, Cal., of counsel) for plaintiff.

William D. Ruckelshaus, Asst. Atty. Gen. (Brian S. Goldstein, New York City, trial attorney), for defendant.

Before RAO, Chief Judge, and FORD, and NEWMAN, Judges.


NEWMAN, Judge:

Presented for our determination is the proper tariff classification of merchandise described on the special customs invoice as "Racealigners."

The collector classified the merchandise under paragraph 397 of the Tariff Act of 1930, as modified by T.D. 54108, as articles of base metal, not specially provided for, and accordingly assessed duty at the rate of 19 per centum ad valorem. Without conceding that the classification is incorrect, the Government...

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