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UNITED STATES v. SUMITOMO SHOJI, NEW YORK, INC.

Customs Appeal No. 75-31.

534 F.2d 320 (1976)

The UNITED STATES, Appellant, v. SUMITOMO SHOJI, NEW YORK, INC., Appellee.

United States Court of Customs and Patent Appeals.

May 13, 1976.

Attorney(s) appearing for the Case

Rex E. Lee, Asst. Atty. Gen., Washington, D. C., Andrew P. Vance, Chief, Customs Section, David R. Ostheimer, New York City, for the United States.

Rode & Qualey, New York City, attys. of record, for appellee; Ellsworth F. Qualey, New York City, of counsel.

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

RICH, Judge.

This appeal is from the judgment of the United States Customs Court, 74 Cust.Ct. 121, C.D. 4595, 396 F.Supp. 748 (1975), granting appellee-importer's motion for summary judgment and denying the Government's cross-motion for summary judgment. The Customs Court sustained appellee's claim that the imported synthetic rubber footwear, imported in 1962 and 1963 and classified as "Articles * * * composed wholly or in part...

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