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EXCELSIOR IMPORT ASSOC. INC. v. UNITED STATES

Appeal No. 78-3, C.A.D. 1212.

583 F.2d 513 (1978)

EXCELSIOR IMPORT ASSOCIATES, INC., Appellant, v. The UNITED STATES, Appellee.

United States Court of Customs and Patent Appeals.

October 12, 1978.

Attorney(s) appearing for the Case

Shaw & Stedina, New York City, attorneys of record, for appellant; Charles P. Deem, New York City, of counsel.

Barbara Allen Babcock, Asst. Atty. Gen., David M. Cohen, Chief, Customs Section, Laura D. Millman, Washington, D. C., for the United States.

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

PER CURIAM.

Appeal from the judgment of the United States Customs Court, 79 Cust.Ct. 144, C.D. 4726, 444 F.Supp. 780 (1977). The court held that plaintiff (appellant) had not overcome the presumption of correctness of the classification of the imported shirts under TSUS item 382.00, and had not proven its claimed classification (TSUS 382.33) correct.

Upon thorough consideration of the record, briefs, and oral arguments...

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