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F. W. MYERS & CO. v. UNITED STATES

Customs Appeal No. 5349.

425 F.2d 781 (1970)

F. W. MYERS & CO., Inc., Appellant, v. The UNITED STATES, Appellee.

United States Court of Customs and Patent Appeals.

May 14, 1970.

Attorney(s) appearing for the Case

Barnes, Richardson & Colburn, New York City, attorneys of record, for appellant. James H. Lundquist, Peter J. Fitch, New York City, of counsel.

William D. Ruckelshaus, Asst. Atty. Gen., Andrew P. Vance, Chief, Customs Section, Robert E. Burke, New York City, for the United States.

Before RICH, Acting Chief Judge, BALDWIN and LANE, Judges, and MATTHEWS, Senior Judge, United States District Court for the District of Columbia, sitting by designation.

BALDWIN, Judge.

This is an appeal from the decision and judgment of the United States Customs Court, Third Division1 overruling appellant's protests against the classification and assessment of duty of merchandise, destined for ultimate use as a railroad tank car, at the rate of 18 percent ad valorem under item 690.15, Tariff Schedules of the United States (TSUS). Appellant claims that the merchandise...

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