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J. E. BERNARD & CO. v. UNITED STATES

C.D. 3750; Protest 64/1197-13784.

304 F.Supp. 1034 (1969)

J. E. BERNARD & CO., Inc., Plaintiff, v. UNITED STATES, Defendant.

United States Customs Court, Second Division.

March 26, 1969.

Attorney(s) appearing for the Case

Schwartz & Lidstrom, Chicago, Ill. (Earl R. Lidstrom and Joseph Schwartz, Chicago, II, of counsel), for plaintiff.

William D. Ruckelshaus, Asst. Atty. Gen. (Morris Braverman and Irving A. Mandel, New York City, trial attorneys), for defendant.

Before RAO, FORD, and ROSENSTEIN, Judges.

ROSENSTEIN, Judge:

The merchandise in this case, which is invoiced as "Contaminated Bismuth Scrap in pieces for remelting and refining purposes only", was imported from Canada in 1960 for the account of United Refining & Smelting Co. It was classified as bismuth under paragraph 377, Tariff Act of 1930, as modified by the Torquay Protocol to the General Agreement on Tariffs and Trade, T.D. 52739, and assessed with ...

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