E. DILLINGHAM, INC. v. UNITED STATES

C.D. 4420, Protest 0712-0-000107.

358 F.Supp. 1295 (1973)

E. DILLINGHAM, INC. v. UNITED STATES.

United States Customs Court.

Decided April 30, 1973.


Attorney(s) appearing for the Case

Sharretts, Paley, Carter & Blauvelt, New York City (Eugene F. Blauvelt, New York City, of counsel), for plaintiff.

Harlington Wood, Jr., Asst. Atty. Gen. (Martin Kirshner, and Bernard J. Babb, New York City, trial attorneys), for defendant.


FORD, Judge:

This action is directed against the classification of certain female bovines described on the invoice as 9 grade heifers under the provisions of item 100.53, Tariff Schedules of the United States, and the consequent assessment of duty at the rate of 1.5 cents per pound. All the animals involved weighed over 700 pounds each and all were at the time of importation with first calf (pregnant).

Plaintiff contends said animals are in fact cows imported...

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