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UNITED STATES v. PRECISE IMPORTS CORP.

No. 5421.

458 F.2d 1376 (1972)

The UNITED STATES, Appellant, v. PRECISE IMPORTS CORP., Appellee.

United States Court of Customs and Patent Appeals.

May 11, 1972.

Attorney(s) appearing for the Case

L. Patrick Gray, III, Asst. Atty. Gen., Alan S. Rosenthal, Michael H. Stein, Washington, D. C., for the United States.

Barnes, Richardson & Colburn, New York City, attorneys of record, for appellee; James S. O'Kelly, New York City, of counsel.

Before WORLEY, Chief Judge, and RICH, ALMOND, BALDWIN and LANE, Judges.

RICH, Judge.

This appeal is from the decision and judgment of the United States Customs Court, First Division,1 sustaining importer's protest and holding blank-cartridge-firing handguns, described on the invoice as "starter pistols," to be classifiable in item 730.81 of the Tariff Schedules of the United States (TSUS) as devices, other than pistols, designed to fire only blank cartridges or blank ammunition with duty at 9% ad valorem....

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