United States v. Ataka America, Inc.

MARKEY, Chief Judge.

This is an appeal by the Government from a judgment of the United States Customs Court, 76 Cust.Ct. 70, C.D. 4637, 411 F.Supp. 779 (1975), sustaining Ataka’s protest of the classification of imported goods known as fiberscopes under item 709.05, Tariff Schedules of the United States (TSUS), as “Other” optical instruments. Ataka claimed, and the Customs Court held, classification to be proper under item 709.-17, TSUS, as “Other” electro-medical apparatus. We reverse.

*34The involved TSUS provisions are:

Medical, dental, surgical and veterinary Instruments and apparatus…