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J. GERBER & CO. v. UNITED STATES

C.D. 3773; Protest Nos. 65/8818-726, etc.

298 F.Supp. 516 (1969)

J. GERBER & CO., Inc., et al. v. UNITED STATES.

United States Customs Court, Third Division.

April 10, 1969.

Attorney(s) appearing for the Case

Graubard, Moskovitz & McCauley, New York City (Alfred R. McCauley, Washington, D. C., of counsel), for plaintiffs.

William D. Ruckelshaus, Asst. Atty. Gen., (Dominick M. Minerva, New York City, trial attorney), for defendant.

Before RICHARDSON and LANDIS, Judges.

LANDIS, Judge:

These protests, consolidated for trial, involve steel forgings imported from Germany into the port of Jacksonville, Florida, from March 1964 through May 1966.

Plaintiffs contend they are dutiable at 10.5 per centum ad valorem under the following TSUS item classification, as entered, viz:

Forgings of iron or steel, not machined, not ...

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