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E.R. HAWTHORNE & CO., INC. v. UNITED STATES

Court No. 81-7-00957.

572 F.Supp. 1279 (1983)

E.R. HAWTHORNE & CO., INC., A/C Veped Traffic Controls, Inc., Plaintiff, v. The UNITED STATES, Defendant.

United States Court of International Trade.

July 11, 1983.

Attorney(s) appearing for the Case

Rode & Qualey, New York City (John S. Rode and R. Brian Burke, New York City, at trial and on brief), for plaintiff.

J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office, Commercial Lit. Branch, New York City (Deborah E. Rand, Washington, D.C., at trial and on brief), for defendant.

BOE, Judge:

The merchandise involved in the above-entitled action, described on the invoices as "round tapered black steel tubes," was classified as "Illuminating articles and parts thereof" under item 653.39, TSUS, which provides:

Schedule 6, Part 2, Subpart B:

Pipes and tubes and blanks therefor, all the foregoing of iron (except cast iron) or steel: Welded, jointed, or seamed, with walls not thinner than 0.065 inch, and of circular cross...

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