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TUSCANY FABRICS, INC. v. UNITED STATES

C.D. 4076; Protest 70/12887-3160-70.

317 F.Supp. 741 (1970)

TUSCANY FABRICS, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Customs Court, Second Division.

September 18, 1970.

Attorney(s) appearing for the Case

Weisman, Allan, Spett & Sheinberg, New York City (Sydney B. Wertheimer, O. John Rogge, Richard H. Rosenberg and Richard M. Resnik, New York City, of counsel), for plaintiff.

William D. Ruckelshaus, Asst. Atty. Gen. (John A. Winters, New York City, trial attorney), for defendant.

Before RAO, FORD, and NEWMAN, Judges.

RAO, Chief Judge:

The merchandise involved in this case is described on the invoice as 10 pieces of "Asbestos Products," comprised of 8 percent asbestos, 72 percent reprocessed wool and 20 percent nylon. It was assessed with duty at 60 per centum ad valorem and 37½ cents per pound under item 336.50 of the Tariff Schedules of the United States, as woven fabrics of wool, valued not over $1.26 2/3 per pound. It is claimed that the merchandise is properly dutiable...

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