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PISTORINO & CO., INC. v. UNITED STATES

Appeal No. 79-4.

599 F.2d 444 (1979)

PISTORINO & CO., INC., Appellant, v. The UNITED STATES, Appellee.

United States Court of Customs and Patent Appeals.

June 14, 1979.

Attorney(s) appearing for the Case

Walter E. Doherty, Jr., Doherty & Melahn, Boston, Mass., attorneys of record, for appellant, Eleanor D. Acheson, Ropes & Gray, Boston, Mass., of counsel.

Barbara Allen Babcock, Asst. Atty. Gen., David M. Cohen, Director, Joseph I. Liebman, Susan Handler-Menahem, New York City, for the U. S.

Before MARKEY, Chief Judge, RICH, BALDWIN and MILLER, Associate Judges, and PENN, Judge.

PER CURIAM.

Appeal from the judgment of the United States Customs Court, 81 Cust.Ct. 37, C.D. 4763, 461 F.Supp. 331 (1978). The court held that plaintiff (appellant) had not overcome the presumption of correctness of the classification of the imported figures as "models" under TSUS item 737.15, and had not proven correct its claimed classification as "charts" under TSUS 273.35.

Upon thorough consideration of the record...

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