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RICHARDS MEDICAL CO. v. U.S.

Court No. 84-10-01337.

720 F.Supp. 998 (1989)

RICHARDS MEDICAL COMPANY, Plaintiff, v. The UNITED STATES, Defendant.

United States Court of International Trade.

June 27, 1989.

Attorney(s) appearing for the Case

Pravel, Gambrell, Hewitt, Kimball & Krieger, Paul E. Krieger, Lester L. Hewitt, Houston, Tex., and Eugene R. Montalvo, and Brumbaugh, Graves, Donohue & Raymond; Edward V. Filardi, New York City, for plaintiff.

Stuart E. Schiffer, Acting Asst. Atty. Gen., Washington, D.C., Joseph I. Liebman, Atty.-in-Charge, New York City, Intern. Trade Field Office, Kenneth E. Wolf, Dept. of Justice, Civ. Div., Commercial Litigation Branch.

WATSON, Judge:

Plaintiff Richards Medical Company ("Richards") contests the decisions of the United States Customs Service (Customs) to classify certain medical instruments under item 709.27, Tariff Schedule of the United States ("TSUS"), rather than item 960.15, TSUS. The parties submitted an agreed Stipulation of Facts in lieu of trial (Stipulation). The Court has jurisdiction under 28 U.S.C. § 1581(a) (1982).

BACKGROUND

Richards imported...

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