UNITED MERCHANTS, INC. v. UNITED STATES

C. D. 4307; No. 70/29939-6622-70.

337 F.Supp. 452 (1971)

UNITED MERCHANTS, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Customs Court.

December 21, 1971.


Attorney(s) appearing for the Case

Sharretts, Paley, Carter & Blauvelt, New York City (Eugene F. Blauvelt, Donald W. Paley and Gail T. Cumins, New York City, of counsel), Lane, Young & Fox, Rode & Qualey, and Siegel, Mandell & Davidson, New York City, associate counsel, for plaintiff.

L. Patrick Gray, III, Asst. Atty. Gen. (Bernard J. Babb, New York City, trial attorney), for defendant.


RAO, Judge:

The merchandise involved in this case consists of panels, a form of curtain, composed in chief value of polyester fabric which was woven from a polyester yarn spun from man-made fibers of polyester.

It was assessed with duty at 24½ per centum ad valorem plus 25 cents per pound under item 367.60, Tariff Schedules of the United States, as modified, as furnishings of textile materials, not ornamented, of man-made fibers, not knit, nor of pile...

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