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UNITED STATES v. F. W. MYERS & CO., INC.

Customs Appeal No. 5481.

476 F.2d 1377 (1973)

The UNITED STATES, Appellant, v. F. W. MYERS & CO., INC., Appellee.

United States Court of Customs and Patent Appeals.

May 3, 1973.

Attorney(s) appearing for the Case

Harlington Wood, Jr., Asst. Atty. Gen., Andrew P. Vance, Chief, Customs Section, Patrick D. Gill, New York City, for the U. S.

Barnes, Richardson & Colburn, New York City, attorneys of record, for appellee; James S. O'Kelly, New York City, of counsel.

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

RICH, Judge.

This appeal is from the decision of the United States Customs Court, Third Division, in F. W. Myers & Co. v. United States, 67 Cust.Ct. 75, C.D. 4256 (1971), sustaining appellee's protests against the classification of certain crawler tractors imported from Canada under TSUS 692.35 as "Tractors * * * Other," and holding the imported tractors classifiable free of duty under item 692.30 TSUS as "Tractors suitable for agricultural use * * *." We affirm...

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