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ASSOCIATED METALS & MINERALS CORP. v. UNITED STATES

C.D. 4677; Court No. 68/67256-19252.

426 F.Supp. 568 (1976)

ASSOCIATED METALS & MINERALS CORP. v. UNITED STATES.

United States Customs Court.

December 9, 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 N. Politis, trial attorney, New York City), for defendant.

WATSON, Judge:

The correct classification of the shipment of fluorspar under dispute depends on whether or not it was more than 97% calcium fluoride by weight. The district director at the port of New Orleans found it to be less than 97% calcium fluoride and classified it under item 522.24 of the Tariff Schedules of the United States, dutiable at the rate of $8.40 per ton. Plaintiff contends the shipment contained more than 97% calcium fluoride and should have been...

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