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BANTAM TRAVELWARE DIV. OF PETER'S BAG CORP. v. U.S.

Court Nos. 85-11-01552, 86-01-00038.

679 F.Supp. 8 (1987)

BANTAM TRAVELWARE, DIVISION of PETER'S BAG CORP., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

December 3, 1987.

Attorney(s) appearing for the Case

Siegel, Mandell & Davidson, P.C., Judith M. Barzilay and Brian S. Goldstein, New York City, for plaintiff.

Richard K. Willard, Asst. Atty. Gen., Washington, D.C., Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office, Civil Div., Dept. of Justice, New York City, James A. Curley, for defendant.

OPINION

TSOUCALAS, Judge.

This action is before the Court for decision after trial. The subject merchandise consists of luggage with braided material either in the handles or tie-straps. Plaintiff challenges the Customs Service's classification of its importations as luggage not "in part of braid" pursuant to item 706.41, TSUS. In order to prevail, plaintiff must prove, see 28 U.S.C. § 2639(a)(1) (1982), that the goods are "in part of braid"...

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