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WAY DISTRIBUTORS, INC. v. UNITED STATES

No. 81-2.

653 F.2d 467 (1981)

WAY DISTRIBUTORS, INC., Appellant, v. The UNITED STATES, Appellee.

United States Court of Customs and Patent Appeals.

June 18, 1981.

Attorney(s) appearing for the Case

Walter E. Doherty, Jr. and William E. Melahn, Boston, Mass., for appellant.

Thomas S. Martin, Acting Asst. Atty. Gen., Washington, D. C., David M. Cohen, Director, Joseph I. Liebman, Attorney in charge, Jerry P. Wiskin, New York City, for appellee.

David R. Ostheimer and Sidney H. Kuflik, New York City, amicus curiae.

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

NIES, Judge.

This appeal is from the judgment of the United States Customs Court (now the United States Court of International Trade), ___ Cust.Ct. ___, C.D. 4870 (1980), sustaining the classification of appellant's goods as expanded rubber. We affirm.

Background

Appellant imported sheets of rubber, which are used in making shoe soles, from West Germany in 1972 and 1974.

The importations were classified as "expanded rubber" under item...

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