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RICO IMPORT COMPANY v. UNITED STATES

Customs Appeal No. 5453.

469 F.2d 699 (1972)

RICO IMPORT COMPANY, Appellant, v. The UNITED STATES, Appellee.

United States Court of Customs and Patent Appeals.

November 30, 1972.

Attorney(s) appearing for the Case

Glad & Tuttle, Los Angeles, Cal., attorneys of record, for appellant ; Robert Glenn White, Los Angeles, Cal., of counsel.

Harlington Wood, Jr., Asst. Atty. Gen., Alan S. Rosenthal, Eloise E. Davies, Civil Division, U. S. Department of Justice, Washington, D. C., for the United States.

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

ALMOND, Judge.

This appeal by Rico Import Co. involves the importation of tubular sections of the arundo donax plant which are used in the manufacture of reeds for musical instruments. The goods were classified as articles of "unspun fibrous vegetable materials" under item 222.64 of the Tariff Schedules of the United States (TSUS), dutiable at 10 per cent ad valorem. Appellant importer protested this classification and claimed that the merchandise should have...

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