L. BATLIN & SON, INC. v. UNITED STATES

C.D. 4365; Port of New York, Court No. 68/26282-14083 on Metal Products.

345 F.Supp. 996 (1972)

L. BATLIN & SON, INC. v. UNITED STATES.

United States Customs Court.

July 19, 1972.


Attorney(s) appearing for the Case

Barnes, Richardson & Colburn, Earl R. Lidstrom, New York City, for plaintiff.

Harlington Wood, Jr., Asst. Atty. Gen., Joseph I. Liebman, New York City, trial atty., for defendant.


RICHARDSON, Judge:

This is a motion by plaintiff for summary judgment pursuant to Rule 8.2. The merchandise involved in this action is described on the commercial invoice accompanying the entry as "Half Bird Cage decoration Lamp Set small size with 4 lites and 1 spare bulb." This merchandise, imported at New York from Hong Kong, was classified in liquidation under TSUS item 653.40 as illuminating articles at the duty rate of 19 per centum ad valorem. And it is alleged...

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