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AMELIOTEX, INC. v. UNITED STATES

C.D. 4673; Court No. 71-10-01429.

426 F.Supp. 556 (1976)

AMELIOTEX, INC. v. UNITED STATES.

United States Customs Court.

November 19, 1976.

Attorney(s) appearing for the Case

Rode & Qualey, New York City (John S. Rode and Michael S. O'Rourke, New York City, of counsel), for plaintiff.

Rex E. Lee, Asst. Atty. Gen., Washington, D.C. (John A. Gussow, New York City, trial atty.), for defendant.

RE, Judge:

The question presented in this case pertains to the proper classification, for customs duty purposes, of certain Sarlane elastomeric fiber, invoiced as "Spandex Elastomeric Multi-Filament Yarns."

The merchandise, imported from Belgium in 1970, was classified as a monofilament under item 309.03 or 309.06 of the Tariff Schedules of the United States [TSUS], as modified by T.D. 68-9, depending on the denier of the fiber (not presently at issue), and...

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