Ataka America, Inc. v. United States

Boe, Chief Judge:

The merchandise in question in the above-entitled action, described on the commercial and special invoices as “Olympus Upper GI Photofiberscope, Model GIF-D, without CLE and FIT,” was imported from Japan and entered at the port of New York on April 18, 1972.*

Upon liquidation the merchandise was classified under item 709.05, TSUS, as modified by T.D. 68-9, providing:

Schedule 7, Part 2, Subpart B, TSUS

Medical, dental, surgical and veterinary instruments and apparatus (including electro-medical apparatus and opthal-mic instruments), and parts thereof:

•Optical instruments and…