NASSAU SMELTING AND REFINING CO. v. U.S.

Court No. 82-09-01341.

725 F.Supp. 544 (1989)

NASSAU SMELTING AND REFINING CO., Plaintiff, v. The UNITED STATES, Defendant.

United States Court of International Trade.

November 7, 1989.


Attorney(s) appearing for the Case

Grunfeld, Desiderio, Lebowitz & Silverman, (Steven P. Florsheim, New York City) for plaintiff.

Stuart M. Gerson, Asst. Atty. Gen., Washington, D.C., Joseph I. Liebman, Attorney-in-Charge, International Trade Field Office, Commercial Litigation Branch, Civ. Div., U.S. Dept. of Justice, New York City (Jerry P. Wiskin) for defendant.


Opinion

AQUILINO, Judge:

In this action, the plaintiff wholly-owned subsidiary of the Western Electric Company, itself such a subsidiary of the American Telephone and Telegraph Company, challenges the denial by the U.S. Customs Service of a duty exemption for copper from scrap telephone cables allegedly returned to the United States in cathodes of that metal from Canada. Upon entry, the merchandise was classified under item 612.06, TSUS ("Unwrought...

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