UNITED STATES v. ENDICOTT JOHNSON CORP.

Appeal No. 79-19.

617 F.2d 278 (1980)

The UNITED STATES, Appellant, v. ENDICOTT JOHNSON CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

March 13, 1980.


Attorney(s) appearing for the Case

Alice Daniel, Asst. Atty. Gen., Washington, D. C., David M. Cohen, Director, New York City, Joseph I. Liebman, Atty. in Charge, Field Office for Customs Litigation, New York City, Madeline B. Kuflik, Commercial Litigation Branch, New York City, attorneys of record, for appellant.

John S. Rode, New York City, attorney of record, for appellee; Michael S. O'Rourke and Patrick D. Gill, New York City, of counsel.

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


RICH, Judge.

This appeal is from the judgment of the United States Customs Court, 470 F.Supp. 845, 82 Cust.Ct. ___, C.D. 4787 (1979), sustaining appellee's claim that the imported merchandise, stitched cotton shoe uppers, is properly classifiable as unornamented rather than as ornamented textile articles. We affirm.

The Imported Merchandise

The involved merchandise...

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