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UNITED STATES v. TEXAS INSTRUMENTS INC.

Appeal No. 79-32.

620 F.2d 272 (1980)

The UNITED STATES, Appellant, v. TEXAS INSTRUMENTS INCORPORATED, Appellee.

United States Court of Customs and Patent Appeals.

April 17, 1980.

Attorney(s) appearing for the Case

Alice Daniel, Asst. Atty. Gen., Washington, D. C., David M. Cohen, Director, Commercial Litigation Branch, Sheila N. Ziff, New York City, attorney of record, for appellant.

Frederick L. Ikenson, Washington, D. C., for appellee.

Henry C. Ikenberry and Gary N. Horlick, Steptoe & Johnson, Washington, D. C., for Tally Industries, amicus curiae.

James F. Davis, John F. Bruce and Frederick H. Graefe, Howrey & Simon, Washington, D. C., attorneys for Timex Corp., amicus curiae.

Ive Arlington Swan, Atty. Gen., of the Virgin Islands and William L. Blum, Legal Counsel to the Virgin Islands, Dept. of Commerce, Charlotte Amalie, St. Thomas, V. I., for Government of the Virgin Islands, amicus curiae.

Eugene A. Ludwig, Covington & Burling, Washington, D. C., attorney of record for American Watch Ass'n, amicus curiae.

Louis Schneider and Herbert Peter Larsen, Freeman, Meade, Wasserman & Schneider, New York City, for General Elec. Co., amicus curiae.

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

MARKEY, Chief Judge.

The Government appeals from the judgment of the Customs Court, Texas Instruments, Inc. v. United States, 82 Cust.Ct. 287, C.D. 4811, 475 F.Supp. 1193 (1979), sustaining Texas Instruments' classification protest relating to imported visible light emitting diode (VLED) display devices used as components in solid state digital watches. Judge Nils A. Boe held classification under item 685.70,

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