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BASF WYANDOTTE CORP. v. U.S.

No. 88-1104.

855 F.2d 852 (1988)

BASF WYANDOTTE CORP., Plaintiff-Appellee, v. THE UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 31, 1988.

Attorney(s) appearing for the Case

James S. O'Kelly, Barnes, Richardson & Colburn, New York City, for plaintiff-appellee.

Michael P. Maxwell, Commercial Litigation Branch, Dept. of Justice, New York City, for defendant-appellee. With him on the brief were John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director and Joseph I. Liebman, Attorney in Charge, Intern. Trade Field Office.

Before BISSELL, Circuit Judge, SKELTON, Senior Circuit Judge, and ARCHER, Circuit Judge.

ARCHER, Circuit Judge.

The United States (government) appeals from the judgment of the United States Court of International Trade in BASF Wyandotte Corp. v. United States, 674 F.Supp. 1477 (CIT 1987) (Restani, J.), holding that the United States Customs Service erred in classifying Bafixan liquid ("Bafixans") imported from 1979 to 1981 as "dyes." We affirm.

The provision covering dyes was initially found at item...

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