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UNITED STATES v. MORRIS FRIEDMAN & CO.

Customs Appeal No. 75-12.

524 F.2d 745 (1975)

The UNITED STATES, Appellant, v. MORRIS FRIEDMAN & CO., Appellee.

United States Court of Customs and Patent Appeals.

October 23, 1975.

Attorney(s) appearing for the Case

Rex E. Lee, Asst. Atty. Gen., Andrew P. Vance, Chief Customs Section, Joseph I. Liebman, New York City, for the United States.

Allerton DeC. Tompkins, New York City, attorney of record, for appellee.

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

LANE, Judge.

This is an appeal from the judgment of the United States Customs Court, 386 F.Supp. 522, 73 Cust.Ct. 112 (1974), holding that certain imported portable illuminating articles which use candles as an illuminant are classifiable as "lamps" under item 653.35, TSUS, rather than, as contended by appellant, illuminating articles and parts thereof of brass, under item 653.37, TSUS. We affirm.

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