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STEWART-WARNER CORP. v. UNITED STATES

No. 81-12-01740.

577 F.Supp. 25 (1983)

STEWART-WARNER CORPORATION, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

December 16, 1983.

Attorney(s) appearing for the Case

Eugene L. Stewart, Washington, D.C. (Eugene L. Stewart, Terence P. Stewart and Mark A. Casso, Washington, D.C., on the briefs), for plaintiff.

J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Washington, D.C. Joseph I. Liebman, Atty. in Charge, Commercial Litigation Branch, New York City (Deborah E. Rand, Washington, D.C., on the brief), for defendant.

Lamb & Lerch, New York City, Richard J. Kaplan, New York City, of counsel (Sidney H. Kuflik, New York City, on the brief), for amicus curiae Diversified Products, Inc.

Opinion and Order

MALETZ, Senior Judge.

This action involves a rare event in this court — a challenge by an American manufacturer of a Customs Service classification of competing imported merchandise. The American manufacturer, Stewart-Warner Corp. (Stewart-Warner), brought this action pursuant to section 516 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1516 (Supp. IV 1980), and 28 U.S.C. § 1581(b), seeking reclassification...

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