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UNITED STATES v. CARBORUNDUM CO.

Customs Appeal No. 75-26.

536 F.2d 373 (1976)

The UNITED STATES, Appellant, v. The CARBORUNDUM COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

June 17, 1976.

Attorney(s) appearing for the Case

Rex E. Lee, Asst. Atty. Gen., Washington, D. C., Andrew P. Vance, Chief, Customs Section, Herbert P. Larsen, New York City, for the U. S.

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

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

LANE, Judge.

This is an appeal from the judgment of the United States Customs Court, 74 Cust.Ct. 50, C.D. 4584, 393 F.Supp. 211 (1975), holding that certain iron-silicon alloy powder is classifiable as "ferrosilicon" under item 607.50, TSUS, as contended by the importer, rather than as alloy iron or steel powders, other than stainless steel powders, under item 608.08, TSUS, as originally classified. We reverse.

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