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THORNLEY & PITT v. UNITED STATES

C.D. 3133; Protest No. 61/18035-94547.

273 F.Supp. 524 (1967)

THORNLEY & PITT, Amthor Imports, Plaintiffs, v. UNITED STATES, Defendant.

United States Customs Court Second Division.

September 28, 1967.

Attorney(s) appearing for the Case

Glad & Tuttle, San Francisco, Cal. (Edward N. Glad and George R. Tuttle, San Francisco, Cal., of counsel), for plaintiffs.

Carl Eardley, Acting Asst. Atty. Gen. (Sheila N. Ziff, trial attorney), New York City, for defendant.

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

Before RAO, Chief Judge, and FORD, Judge.

RAO, Chief Judge:

The subject merchandise consists of 24 crates of bicycles which were classified for customs duty purposes as bicycles weighing over 36 pounds and having wheels measuring over 25 inches in diameter in paragraph 371 of the Tariff Act of 1930 and pursuant to Presidential Proclamation No. 3108, 90 Treas.Dec. 285, T.D. 53883, promulgated on the authority of section 7 of the Trade Agreements Extension Act of 1951 (19 U.S. C.A. § 1364), as amended...

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