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UNITED STATES v. NORMAN G. JENSEN, INC.

Customs Appeal No. 76-16.

550 F.2d 662 (1977)

The UNITED STATES, Appellant, v. NORMAN G. JENSEN, INC., Appellee.

United States Court of Customs and Patent Appeals.

March 10, 1977.

Attorney(s) appearing for the Case

Rex E. Lee, Asst. Atty. Gen., Washington, D.C., David M. Cohen, Chief Customs Section, Steven P. Florsheim, New York City, attys. of record, for appellant.

Barnes, Richardson & Colburn, New York City, attys. of record, for appellee, Joseph Schwartz and James S. O'Kelly, New York City, of counsel.

Before MARKEY, Chief Judge, RICH, BALDWIN and MILLER, Judges, and PHILIP NICHOLS, Associate Judge, United States Court of Claims.

MILLER, Judge.

This appeal is from the judgment of the United States Customs Court, 76 Cust.Ct. ___, C.D. 4634, 408 F.Supp. 1379 (1976), sustaining appellee's claim that its merchandise is entitled to entry free of duty under item 692.30, Tariff Schedules of the United States ("TSUS"), instead of being subject to duty under item 692.35, TSUS, as classified. We affirm.

The pertinent statutory provisions are as follows:...

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