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UNITED STATES v. JOHN V. CARR & SON, INC.

Customs Appeal No. 5536.

495 F.2d 771 (1974)

The UNITED STATES, Appellant, v. JOHN V. CARR & SON, INC., Appellee.

United States Court of Customs and Patent Appeals.

April 25, 1974.

Attorney(s) appearing for the Case

Irving Jaffe, Acting Asst. Atty. Gen., Andrew P. Vance, Chief, Customs Section, Robert B. Silverman, New York City, for the United States.

Barnes, Richardson & Colburn, New York City, attorneys of record, for appellee. Joseph Schwartz and Irving Levine, of counsel.

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

MARKEY, Chief Judge.

This appeal is from the decision and judgment of the United States Customs Court, 70 Cust.Ct. 80, C.D. 4411, 358 F.Supp. 280 (1973) sustaining appellee's claim that the subject merchandise was improperly classified. We reverse.

THE IMPORTATIONS

The merchandise consists of two kinds of transistorized printed wiring board assemblies, one invoiced as a "control board" and the other as a "protective...

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