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ANDREW FISHER CYCLE CO. v. UNITED STATES

No. 2460.

238 F.Supp. 200 (1964)

ANDREW FISHER CYCLE CO., Inc. v. UNITED STATES.

United States Customs Court, Second Division.

May 27, 1964.

Attorney(s) appearing for the Case

Brooks & Brooks, New York City (Thomas J. McKenna, New York City, of counsel), for plaintiff.

John W. Douglas, Asst. Atty. Gen. (Richard E. FitzGibbon and Samuel D. Spector, trial attys.), New York City, for defendant.

Lamb & Lerch, New York City (David A. Golden, New York City, of counsel), as amicus curiae.

Before LAWRENCE, RAO, and FORD, Judges.

LAWRENCE, Judge.

This cause of action tests the validity of a Presidential proclamation which raised the duty upon imported bicycles of two types (1) those with wheel diameters over 25 inches and weighing 36 pounds or more and (2) others having wheel diameters over 19 inches but not over 25 inches.

The jurisdiction of the court is invoked by protest, filed pursuant to the provisions of section 514 of the Tariff Act of 1930 (19 U.S.C. § 1514).

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