Dynamics Classics, Ltd. v. United States

Rao, Judge:

The merchandise involved in this civil action was imported through the port of New York and invoiced as "exercise *667suits.” The Customs Service (Customs) classified the merchandise under item 772.30 of the Tariff Schedules of the United States (TSUS) as "wearing apparel not specially provided for, of rubber or plastics.”

The plaintiff claims that the merchandise is properly classifiable under item A774.55, TSUS, as "other articles not specially provided for, of rubber or plastics.” Plaintiffs motion to admit into evidence the affidavit of Dr. Joseph Aisner, offered at the trial of…