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AUSTIN CHEMICAL CO., INC. v. U.S.

No. 87-1331.

835 F.2d 1423 (1987)

AUSTIN CHEMICAL COMPANY, INC., Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

December 31, 1987.

Attorney(s) appearing for the Case

Paul F. Stack of Stack & Filpi, Chicago, Ill., argued for appellee. With him on brief was John J. Kakacek of Stack & Filpi, Chicago, Ill.

Kenneth N. Wolf of the Dept. of Justice, Commercial Litigation Branch, Washington, D.C., argued for appellant. With him on brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director, and Joseph I. Liebman, Atty. in Charge, International Trade Field Office.

Before FRIEDMAN and DAVIS, Circuit Judges, and COWEN, Senior Circuit Judge.

FRIEDMAN, Circuit Judge.

The United States appeals, pursuant to 28 U.S.C. § 1295(a)(5) (1982), from a judgment of the United States Court of International Trade that reversed a Customs Service classification of a drug, 659 F.Supp. 229 (Ct. Int'l Trade 1987). We affirm.

I

A. The issue in this case is the proper classification for Customs purposes of imported D(-) mandelic acid. Mandelic acid can exist in...

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