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AIMCEE WHOLESALE CORP. v. UNITED STATES

Customs Appeal No. 5464.

468 F.2d 202 (1972)

AIMCEE WHOLESALE CORP., W. J. Byrnes & Co., N. Y., Inc., Appellants, v. The UNITED STATES, Appellee.

United States Court of Customs and Patent Appeals.

October 26, 1972.

Attorney(s) appearing for the Case

Barnes, Richardson & Colburn, New York City, attorneys of record, for appellants; J. Bradley Colburn, E. Thomas Honey, David O. Elliott, New York City, of counsel.

Harlington Wood, Jr., Asst. Atty. Gen., Andrew P. Vance, Chief, Customs Section, Velta A. Melnbrencis, New York City, for the United States.

Lamb & Lerch, New York City, amicus curiae; David A. Golden, Richard J. Kaplan, New York City, of counsel.

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

BALDWIN, Judge.

This appeal is from the decision and judgment of the United States Customs Court,1 overruling a protest concerning the rate of duty imposed on certain bicycles imported from England. The bicycles were assessed under paragraph 371 of the Tariff Act of 1930, as modified by Presidential Proclamation 3394.2 Appellants contend that Proclamation 3394, which...

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