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INDIAN HEAD, INC. v. UNITED STATES

C.D. 4758, Court No. 76-1-00142.

458 F.Supp. 807 (1978)

INDIAN HEAD, INC. v. UNITED STATES.

United States Customs Court.

August 3, 1978.

Attorney(s) appearing for the Case

Bronz & Farrell, Washington, D. C. (Edward J. Farrell, Washington, D. C., of counsel), for plaintiff.

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C. (Madeline B. Cohen, Washington, D. C., trial attorney), for defendant.

NEWMAN, Judge:

The centerpiece of this litigation revolves around the question of whether certain white wool yarn exported from Canada and entered at the port of New York in April and May 1975 was "colored" within the purview of headnote 2(b), schedule 3, TSUS. And encompassed within the foregoing issue, as a wheel within a wheel, is the question: is white a color?

I have concluded that the yarn was not "colored", as that term is defined in headnote 2(b),...

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