UNITED STATES v. A. JOHNSON & CO., INC.

Customs Appeal No. 76-29.

559 F.2d 16 (1977)

The UNITED STATES, Appellant, v. A. JOHNSON & CO., INC., Appellee.

United States Court of Customs and Patent Appeals.

August 4, 1977.


Attorney(s) appearing for the Case

Barbara Allen Babcock, Asst. Atty. Gen., David M. Cohen, Chief, Customs Section, Washington, D. C., Alan L. Langus, New York City, for the United States.

Rivkin, Sherman & Levy, Washington, D. C., attorneys of record, for appellee; Joseph S. Kaplan, Dorothy P. Watson, New York City, of counsel.

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


RICH, Judge.

This appeal is from the judgment of the United States Customs Court, 76 Cust.Ct. 155, C.D. 4650, 417 F.Supp. 1026 (1976), sustaining consolidated protests by the importer, A. Johnson & Co., Inc. (Johnson), to the classification of electrolytic iron in flake form imported from Japan. We reverse and remand.

The imported merchandise is invoiced, inter alia, as "Mairon Electrolytic Iron Flake," "Mairon" being...

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