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ATAKA AMERICA, INC. v. UNITED STATES

C.D. 4637, Court No. 73-6-01576-S.

411 F.Supp. 779 (1976)

ATAKA AMERICA, INC. v. UNITED STATES.

United States Customs Court.

February 20, 1976.

Attorney(s) appearing for the Case

Rode & Qualey, New York City (Ellsworth F. Qualey and Peter Jay Baskin, New York City, of counsel), for plaintiff.

Rex E. Lee, Asst. Atty. Gen., Washington, D. C. (John A. Gussow, New York City, and Jerry P. Wiskin, trial attorneys), for defendant.

BOE, Chief Judge:

The merchandise in question in the above-entitled action, described on the commercial and special invoices as "Olympus Upper GI Photofiberscope, Model GIF-D, without CLE and FIT," was imported from Japan and entered at the port of New York on April 18, 1972.*

Upon liquidation the merchandise was classified under item 709.05, TSUS, as modified by T.D. 68-9, providing:

       Schedule 7, Part...

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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