PREPAC, INC. v. UNITED STATES

C.D. 4694; Court Nos. 72-6-01379-S, etc.

433 F.Supp. 339 (1977)

PREPAC, INC. v. UNITED STATES.

United States Customs Court.

April 22, 1977.


Attorney(s) appearing for the Case

Serko & Simon, New York City (Gerald B. Horn and Joel K. Simon, New York City, of counsel) for plaintiff.

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C. (Velta A. Melnbrencis, New York City, trial atty.), for defendant.


FORD, Judge:

These severed actions consolidated for the purpose of trial, involve plastic articles described on the invoices as picnic bags and designated as style nos.: 153, 154, 179, 186 and 188. The merchandise described above was classified as luggage under item 706.60, Tariff Schedules of the United States, and assessed with duty at the rate of 20 per centum ad valorem.

Plaintiff claims said bags are not luggage, nor are they ejusdem generis with...

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