NEW YORK MERCHANDISE CO. v. UNITED STATES

C.D. 3671; Protest No. 66/3407-2099.

294 F.Supp. 971 (1969)

NEW YORK MERCHANDISE CO., Inc. v. UNITED STATES.

United States Customs Court, First Division.

January 20, 1969.


Attorney(s) appearing for the Case

Stein & Shostak, Los Angeles (S. Richard Shostak and Leonard M. Fertman, Los Angeles, of counsel), for plaintiff.

Edwin L. Weisl, Jr., Asst. Atty. Gen. (Glenn E. Harris and Velta A. Melnbrencis, New York City, trial attorneys), for defendant.

Before WATSON and MALETZ, Judges.


MALETZ, Judge:

This case involves the proper classification of imported merchandise which was invoiced as "vinyl baseball gloves," and more particularly described as "9½" × 7½" Vinyl Junior Baseball Glove." It was classified by the collector under item 737.90 of the Tariff Schedules of the United States (19 U.S.C. § 1202) as other toys, not specially provided for, and assessed with duty at 35 percent ad valorem.

Plaintiff's claim is that...

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