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COMMONWEALTH OIL REFINING CO. v. UNITED STATES

C.D. 4267; Protest No. 68/55086-151.

332 F.Supp. 203 (1971)

COMMONWEALTH OIL REFINING COMPANY, Inc., Plaintiff, v. UNITED STATES, Defendant.

United States Customs Court.

September 14, 1971.

Attorney(s) appearing for the Case

Thacher, Proffitt, Prizer, Crawley & Wood, New York City (Robert S. Stitt and George W. Taliaferro, Jr., New York City, of counsel), for plaintiff.

L. Patrick Gray, III, Asst. Atty. Gen. (Glenn E. Harris, New York City, trial atty.), for defendant.

RAO, Chief Judge:

The merchandise involved in this case is described on the entry as "Unf. Virgin Naphtha derived from petroleum." Two lots were imported from Venezuela and entered at the port of Ponce, Puerto Rico on June 23, 1967. Both lots were entered under item 475.35, Tariff Schedules of the United States, as "Naphtha derived from petroleum" with a duty of 0.25 cent per gallon. On September 15, 1967, both lots were...

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