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UNITED STATES v. EXXON CORP.

Appeal No. 79-9.

607 F.2d 985 (1979)

The UNITED STATES, Appellant, v. EXXON CORPORATION, Chevron Oil Co., Appellees.

United States Court of Customs and Patent Appeals.

September 13, 1979.

Attorney(s) appearing for the Case

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

Joseph F. Donohue, Jr., Donohue & Donohue, New York City, attorney of record, for appellees.

Before MARKEY, Chief Judge, and BALDWIN, MILLER, KUNZIG and PENN, Judges.

PENN, Judge.

This appeal is from the judgment of the United States Customs Court, 81 Cust.Ct. 87, C.D. 4772, 462 F.Supp. 378 (1978), which sustained the importer-appellees' claim that the imported product, a petroleum derivative, should have been classified as naphtha under item 475.351 of the Tariff Schedules of the United States (TSUS) rather than as motor fuel under TSUS item 475.25.

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