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MIRACLE EXCLUSIVES, INC. v. UNITED STATES

Court No. 75-12-03317.

516 F.Supp. 33 (1981)

MIRACLE EXCLUSIVES, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

February 24, 1981.

Attorney(s) appearing for the Case

Freeman, Meade, Wasserman & Schneider, New York City (Kenneth N. Wolf, New York City, at the trial; Louis Schneider and Angela Pitsaris, New York City, with him on the briefs), 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 (Susan Handler-Menahem, Teaneck, N. J., at the trial and on the brief), for defendant.

FORD, Judge:

This action involves the proper classification for duty purposes of certain germination trays known as "Biosnacky" or "Biosta" sprouters, which are manufactured in Switzerland and Canada. It is not disputed by counsel for the respective parties that the imported merchandise is used with water for the purpose of sprouting seeds, which are subsequently eaten.

The merchandise was classified under item 772.15, TSUS, and assessed with duty at 11.5...

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