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UNITED STATES v. CORNING GLASS WORKS

586 F.2d 822 (1978)

The UNITED STATES, Appellant, v. CORNING GLASS WORKS, Appellee.

United States Court of Customs and Patent Appeals.

November 16, 1978.

Attorney(s) appearing for the Case

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D.C., David M. Cohen, Branch Director, Joseph I. Liebman, John J. Mahon, New York City, for the U. S.

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

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

MARKEY, Chief Judge.

The government appeals from the judgment of the United States Customs Court, 448 F.Supp. 262, 79 Cust.Ct. 72, C.D. 4716 (1977)1 sustaining Corning Glass Works' (Corning's) protest relating to imported ampul inspection machines. The Customs Court held that proper classification was under item 678.50, TSUS, as "machines not specially provided...

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