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N. ERLANGER BLUMGART CO. v. UNITED STATES

Customs Appeal No. 5345.

428 F.2d 860 (1970)

N. ERLANGER BLUMGART CO., Inc., Appellant, v. The UNITED STATES, Appellee.

United States Court of Customs and Patent Appeals.

July 9, 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, Bernard J. Babb, New York City, for the United States.

Before RICH, BALDWIN and LANE, Judges, and JONES, Senior Judge, United States Court of Claims, sitting by designation.

BALDWIN, Judge.

This is an appeal from the decision and judgment of the Customs Court, Second Division, in N. Erlanger Blumgart Co., Inc. v. United States, 64 Cust.Ct. 110, C.D. 3691 (1969), wherein that court overruled appellant's protest and held that the subject imported merchandise was properly classified. The subject merchandise consists of woven fabrics made from yarns which are composed of linen, nylon, and wool fibers, and was assessed with duty at the rate...

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