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ROSS PRODUCTS, INC. v. UNITED STATES

Custom Appeal No. 5374.

433 F.2d 804 (1970)

ROSS PRODUCTS, INC., Appellant, v. The UNITED STATES, Appellee.

United States Court of Customs and Patent Appeals.

October 29, 1970.

Attorney(s) appearing for the Case

Siegel, Mandell & Davidson, New York City, attorneys of record, for appellant. Joshua M. Davidson, Allan H. Kamnitz, New York City, of counsel.

William D. Ruckelshaus, Asst. Atty. Gen., Andrew P. Vance, Chief, Customs Section, Frederick L. Ikenson, New York City, for the United States.

Before RICH, ALMOND, BALDWIN and LANE, Judges, and McMANUS, Judge, Northern District of Iowa, sitting by designation.

BALDWIN, Judge.

This is an appeal from the judgment of the United States Customs Court, Second Division,1 overruling two consolidated classification protests of appellant. The subject importations are decorative planters in the form of simulated bird cages containing a number of artificial roses of plastic material with small electric bulbs inside the rosebuds, which bulbs are arranged on an electric cord terminating in an electrical plug...

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