UNITED STATES v. DeLAVAL SEPARATOR CO.

Appeal No. 77-20.

569 F.2d 1134 (1978)

The UNITED STATES, Appellant, v. The DeLAVAL SEPARATOR COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied April 27, 1978.


Attorney(s) appearing for the Case

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

Rode & Qualey, New York City, attorneys of record, for appellee; John S. Rode, New York City, of counsel.

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


LANE, Judge.

The United States appeals from the judgment of the Customs Court which sustained appellee's claim for free entry of its imported merchandise, described on the invoice as Farm Tanks Without Refrigeration Units. 78 Cust.Ct. ___, C.D. 4693, 434 F.Supp. 656 (1977). We reverse.

The sole issue presented is the correct classification of the imported merchandise, which consists of stainless steel tanks having a double...

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