UNITED STATES v. ANDREW FISHER CYCLE CO.

No. 5351, C.A.D. 986.

426 F.2d 1308 (1970)

The UNITED STATES, Appellant, v. ANDREW FISHER CYCLE CO., Inc., Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied September 10, 1970.


Attorney(s) appearing for the Case

William D. Ruckelshaus, Asst. Atty. Gen., Andrew P. Vance, New York City, Chief, Customs Section, Herbert P. Larsen, New York City, Dept. of Justice, Civ. Div., Customs Section, for the United States; Lamb & Lerch, New York City, amici curiae, David A. Golden, New York City, of counsel.

Brooks & Brooks, New York City, attorneys of record, for appellee; Donald W. Paley, J. Joseph McDermott and Charles P. Deem, New York City, of counsel.

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


RICH, Judge.

This appeal is from the judgment of the United States Customs Court, First Division, 62 Cust.Ct. 168, C.D. 3717, 295 F.Supp. 1115 (1969), sustaining the importer's protest to the classification of bicycle seats as "Other parts of bicycles" under item 732.36, Tariff Schedules of the United States (TSUS) and holding them properly classifiable as "saddles" under item 790.30 TSUS. The Government appeals and we reverse...

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