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WEAR ME APPAREL CORP. v. UNITED STATES

Court No. 80-11-00057.

511 F.Supp. 814 (1981)

WEAR ME APPAREL CORPORATION, Plaintiff, v. UNITED STATES of America, United States Customs Service, Robert E. Chasen, Dennis Snyder, Benjamin Jefferson, Roy Dewing, John Martuge, Defendants.

United States Court of International Trade.

March 10, 1981.

Attorney(s) appearing for the Case

Rivkin, Sherman & Levy, New York City (Joseph S. Kaplan, Charles H. Bayar, and Dennis A. Adelson, of counsel), for plaintiff.

Thomas S. Martin, Acting Asst. Atty. Gen., Washington, D. C., Joseph I. Liebman, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, New York City (Jerry P. Wiskin, West Orange, N. J., on brief), for defendants.

On Defendants' Motion to Dismiss

MALETZ, Judge:

Plaintiff, an importer of children's clothing, brought this action under the Customs Courts Act of 1980 (94 Stat. 1727) contesting Customs' refusal to permit the entry for consumption of merchandise that plaintiff purchased in Taiwan.

The merchandise consists of (1) children's "short sets" which are two-piece top and bottom combinations; and (2) children's trunks. The merchandise is subject to...

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