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PHARMACIA LABORATORIES, INC. v. U.S.

Appeal No. 79-23.

609 F.2d 491 (1979)

PHARMACIA LABORATORIES, INC., Appellant, v. The UNITED STATES, Appellee.

United States Court of Customs and Patent Appeals.

November 15, 1979.

Attorney(s) appearing for the Case

Murray Sklaroff, New York City, attorney of record for Pharmacia Laboratories, Inc., appellant.

Alice Daniel, Acting Asst. Atty. Gen., Washington, D.C., David M. Cohen, Director, Customs Litigation Branch, Joseph I. Lieberman, Field Office for Customs Litigation, Susan C. Cassell, New York City, for appellee.

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

MARKEY, Chief Judge.

Pharmacia appeals from a judgment of the United States Customs Court, 82 Cust.Ct. ___, C.D. 4798, 470 F.Supp. 853 (1979), affirming the Government's classification of certain radioimmunoassay diagnostic test kits under item 799.00,1 TSUS, rather than item 494.50,2 TSUS. We affirm.

Background

The kits, used to detect certain...

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