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E.R. HAWTHORNE & CO., INC. v. UNITED STATES

No. 83-1379.

730 F.2d 1490 (1984)

E.R. HAWTHORNE & CO., INC., A/C Veped Traffic Controls, Inc., Appellee, v. The UNITED STATES, Appellant.

United States Court of Appeals, Federal Circuit.

March 28, 1984.

Attorney(s) appearing for the Case

Deborah E. Rand, New York City, for appellant; With her J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director and Joseph I. Liebman, Washington, D.C., Attorney in Charge International Trade Field Office, on brief.

John S. Rode, New York City, for appellee; R. Brian Burke, New York City, on brief.

Before BALDWIN, Circuit Judge, NICHOLS, Senior Circuit Judge, and KASHIWA, Circuit Judge.

NICHOLS, Senior Circuit Judge.

Statement of the Case

This case involves the proper tariff classification of tapered or conical steel poles 20 to 39 feet long and chiefly used after finishing to support street or highway or other outdoor lights. The District Director of Customs at Houston, Texas, classified them as "Illuminating Articles and parts thereof, of base metal, Other * * *," Tariff Schedules of the United States (TSUS), Item 653.39, at 17...

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