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F. S. WHELAN & SONS v. UNITED STATES

C. D. 1706; Protest Nos. 207771-K, 207772-K.

136 F.Supp. 328 (1955)

F. S. WHELAN & SONS v. UNITED STATES.

United States Customs Court Second Division.

June 2, 1955.

Attorney(s) appearing for the Case

Barnes, Richardson & Colburn, New York City (Eugene F. Blauvelt, New York City, of counsel), for plaintiff.

Warren E. Burger, Asst. Atty. Gen., Alfred A. Taylor, Jr., and Richard E. FitzGibbon, Trial Attys., New York City, for the defendant.

MacLeish, Spray, Price & Underwood, Chicago, Ill. (Robert C. Keck, Chicago, Ill., of counsel), amicus curiae.

Before LAWRENCE, RAO, and FORD, Judges.

RAO, Judge.

Two importations of so-called "Standard Hardboard, Industrial Grade," each consisting of 1,500 sheets, measuring 4' × 8' × 1/8 ", and 350 sheets, measuring 4' × 8' × 3/16", constitute the subject of the instant controversy. This merchandise was classified by the collector of customs at the port of entry as other pulpboard, plate finished, and assessed with duty at the rate of 7½ per centum ad valorem, pursuant to the provisions...

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