United States v. Sortex Co. of North America, Inc.

Lane, Judge.

This appeal is from the judgment of the U.S. Customs Court, 80 Cust. Ct. 134, C.D. 4746, 453 F. Supp. 644 (1978), which sustained the importer-appellee’s claim that at the time of importation the imported merchandise, electronic color sorting machines, were chiefly used as industrial machinery for preparing and manufacturing food for human consumption, and therefore, are more specifically provided for under item 666.25 of the Tariff Schedules of the United States (TSUS) as modified by Presidential Proclamation 3822, T.D. 68-9, 32 F.R. 19002 (1967) (hereinafter referred to as TSUS…