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MATTEL, INC. v. UNITED STATES

Appeal Nos. 79-28, 79-29.

624 F.2d 1076 (1980)

MATTEL, INC., Appellant, v. The UNITED STATES, Appellee. The UNITED STATES, Appellant, v. MATTEL, INC., Appellee.

United States Court of Customs and Patent Appeals.

June 19, 1980.

Attorney(s) appearing for the Case

Louise A. LaMothe and Marjorie M. Shostak, Los Angeles, Cal., for Mattel, Inc.; Judy Seder Bardugo and John N. Politis, Los Angeles, Cal., of counsel.

Alice Daniel, Asst. Atty. Gen., Washington, D.C., David M. Cohen, Director, Joseph I. Liebman, Atty. in Charge, Saul Davis, Commercial Litigation Branch, New York City, for United States.

Before MARKEY, Chief Judge, RICH, BALDWIN, and MILLER, Associate Judges, and WINNER, Judge.

MILLER, Judge.

This case is before us on appeal by Mattel, Inc. ("Mattel") and cross-appeal by the Government from the decision and judgment of the United States Customs Court, 475 F.Supp. 683, sustaining Mattel's alternative claim for classification of the involved merchandise under Item 724.25, TSUS, as phonograph records dutiable at 5% ad valorem. Mattel's primary claim, the subject of its appeal, is that the involved merchandise...

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