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AIMCEE WHOLESALE CORP. v. UNITED STATES

C. D. 4186; Protest 64/6295-11982-62.

324 F.Supp. 514 (1971)

AIMCEE WHOLESALE CORP., W. J. Byrnes & Co. of N. Y., Inc., Plaintiffs, v. UNITED STATES, Defendant.

United States Customs Court, Second Division.

March 12, 1971.

Attorney(s) appearing for the Case

Barnes, Richardson & Colburn, New York City (E. Thomas Honey, J. Bradley Colburn, Norman C. Schwartz, New York City, of counsel), for plaintiffs.

L. Patrick Gray, III, Asst. Atty. Gen. (Harold L. Grossman, New York City, trial attorney), for defendant.

Lamb & Lerch, New York City (David A. Golden & Richard J. Kaplan, New York City, of counsel), as amici curiae.

Before RAO, FORD and NEWMAN, Judges.

NEWMAN, Judge:

Plaintiffs protest the rate of duty imposed by the collector of customs at the port of New York on certain bicycles imported from England on June 6, 1961. These bicycles are the so-called large-wheel lightweight type, viz., with wheels over 25 inches in diameter, weighing less than 36 pounds complete without accessories, and not designed for use with tires having a cross-sectional diameter exceeding 1 5/8 inches.

The shipment in question was...

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