BARNEBEY-CHENEY CO. v. UNITED STATES

Customs Appeal No. 5510.

487 F.2d 553 (1973)

BARNEBEY-CHENEY CO., Appellant, v. The UNITED STATES, Appellee.

United States Court of Customs and Patent Appeals.

November 21, 1973.


Attorney(s) appearing for the Case

Allerton deC. Tompkins, New York City, atty. of record, for appellant.

Irving Jaffe, Acting Asst. Atty. Gen., Andrew P. Vance, Chief, Customs Section, Glenn E. Harris, New York City, for United States.

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


MILLER, Judge.

This appeal is from the judgment of the United States Customs Court, First Division, 68 Cust.Ct. 98, C.D. 4343 (1972), overruling appellant's protest against the classification under paragraph 69 of the Tariff Act of 1930, as modified by T.D. 54108, of imported merchandise consisting of spent activated carbon salvaged in Great Britain from canisters of gas masks. We reverse.

The referenced paragraph provides as follows:

Decolorizing...

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