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UNITED STATES v. ACETO CHEMICAL CO., INC.

Customs Appeal No. 76-10.

553 F.2d 685 (1977)

The UNITED STATES, Appellant, v. ACETO CHEMICAL CO., INC., Appellee.

United States Court of Customs and Patent Appeals.

April 21, 1977.

Attorney(s) appearing for the Case

Rex E. Lee, Asst. Atty. Gen., Washington, D. C., David M. Cohen, Chief, Customs Section, Ira J. Grossman, Sidney N. Weiss, attorneys of record, New York City, for appellant.

Murray Sklaroff, attorney of record, New York City, for appellee.

Before MARKEY, Chief Judge, RICH, BALDWIN and MILLER, JJ., and NICHOLS, Judge, United States Court of Claims.

BALDWIN, Judge.

This is an appeal from the order of the Customs Court, 408 F.Supp. 1389, 75 Cust.Ct. 167, C.D. 4625 (1975), granting plaintiff's motion for summary judgment and holding that a fungicide containing less than one percent benzenoid product, as a wetting agent, is properly classified by the principal ingredient, thiuram, under item 425.36, Tariff Schedules of the United States (TSUS). We affirm.

The merchandise...

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