HUMPHREYS v. UNITED STATES

C.D. 3736; Protest 65/13483-25472.

297 F.Supp. 185 (1969)

Arthur J. HUMPHREYS v. UNITED STATES.

United States Customs Court Second Division.

March 13, 1969.


Attorney(s) appearing for the Case

Barnes, Richardson & Colburn, New York City (Joseph Schwartz, Hadley S. King, and James S. O'Kelly, New York City, of counsel), for plaintiff.

William D. Ruckelshaus, Asst. Atty. Gen. (Sheila N. Ziff and Owen J. Rader, New York City, trial attorneys), for defendant.

Before RAO and FORD, Judges.


FORD, Judge:

The subject merchandise, invoiced as high carbon cut track spikes, was classified under the provision "Other" as provided for in item 646.30 of the Tariff Schedules of the United States, at 1.2 cents a pound. Plaintiff claims the articles are classifiable under TSUS item 646.28 as "cut" spikes over 2 inches in length, at 0.2 cent a pound.

The relevant tariff provisions, set forth under subpart D of part 3, schedule 6, are as follows:

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