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MARSHALL CO. v. UNITED STATES

C.D. 4148; Protest No. 69/15149-126309.

320 F.Supp. 1003 (1970)

MARSHALL CO., Inc., Hoyt, Shepston & Sciaroni, Plaintiffs, v. UNITED STATES, Defendant.

United States Customs Court, Second Division.

December 18, 1970.

Attorney(s) appearing for the Case

Glad & Tuttle, San Francisco, Cal. (George R. Tuttle and Hudson F. Edwards, San Francisco, Cal., of counsel), for plaintiffs.

Carl Eardley, Acting Asst. Atty. Gen. (Herbert P. Larsen, New York City, trial attorney), for defendant.

Before RAO, FORD, and NEWMAN, Judges.

RAO, Chief Judge:

The merchandise involved in this case, imported from West Germany, is described on the invoice as rubber sheeting insulating material. It was assessed with duty at 25 cents per pound and 30 per centum ad valorem under item 359.50, Tariff Schedules of the United States, as textile fabrics, not specially provided for, of man-made fibers. It is claimed that the merchandise is excluded from that classification by virtue of headnote 5 to schedule 3 of...

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