UNITED PURVEYORS, INC. v. UNITED STATES

Customs Appeal No. 5461.

470 F.2d 624 (1972)

UNITED PURVEYORS, INC., Appellant, v. The UNITED STATES, Appellee.

United States Court of Customs and Patent Appeals.

December 29, 1972.


Attorney(s) appearing for the Case

Eugene C. Heiman, Heiman & Crary, Miami, Fla., William D. Stokes, Washington, D. C., attorneys, of record, for appellant.

L. Patrick Gray, III, Asst. Atty. Gen., Andrew P. Vance, Chief Customs Section, James Caffentzis, New York City, for the United States.

Before MARKEY, Chief Judge, and RICH, ALMOND, BALDWIN and LANE, Judges.


RICH, Judge.

This appeal is from the judgment of the United States Customs Court, Third Division, 65 Cust.Ct. 566, C.D. 4139 (1970), overruling appellant's consolidated protests against the classification of certain melons imported from El Salvador between January 22 and March 25 of 1964. We reverse.

Appellant claims that the "Honey Rock" melons imported were not properly classified as "cantaloupes" under TSUS item 148.15, but rather should be classifiable...

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