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PISTORINO & CO., INC. v. UNITED STATES

C.D. 4779; Court Nos. 73-10-02910, 74-9-02446.

463 F.Supp. 1311 (1978)

PISTORINO & CO., INC. v. UNITED STATES.

United States Customs Court.

November 29, 1978.

Attorney(s) appearing for the Case

Doherty & Melahn, Boston, Mass. (Walter E. Doherty, Jr., Boston, Mass., of counsel), for plaintiff.

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., David Ostheimer, New York City, and Bruce M. Mitchell, Trial Attys., Washington, D. C., for defendant.

RAO, Judge:

This consolidated civil action involves the classification of beam cutters or beam cutting machines and parts, manufactured by "Fipi" or "Atom" of Italy, imported from 1972 to 1974 and entered at the port of Boston, Massachusetts for the account of Hudson Shoe Machinery Company. The merchandise was invoiced as Models F59, F63, F79S and G888 electro-hydraulic beam cutting machines or electro-hydraulic beam presses.

On entry, the merchandise was...

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