Appeal No. 83-641.

709 F.2d 46 (1983)

SHAW INDUSTRIES, INC., Mohasco Corporation, Queen Carpet Corporation, and Tice Yarns, Appellants, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

May 27, 1983.

Attorney(s) appearing for the Case

Mark R. Eaton, Washington, D.C., argued for appellants. With him on the brief were John B. Rehm and Elliott Goldstein, Washington, D.C.

Madeline B. Kuflik, New York City, argued for appellee. With her on the brief were J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director and Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office, New York City.

Before BENNETT, JACK R. MILLER and EDWARD S. SMITH, Circuit Judges.

JACK R. MILLER, Circuit Judge.

This case is before us on appeal by Shaw Industries, Inc., from the judgment of the Court of International Trade, 4 CIT ___, 554 F.Supp. 1240 (1982), on stipulated facts, sustaining the Government's classification of Shaw's imported machinery under Tariff Schedules of the United States (TSUS) item 670.43 and rejecting Shaw's claimed classification under TSUS item 670.12. We affirm.


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