Certified Blood Donor Services, Inc. v. United States

Opinion and ORDER

Watson, Judge:

These are cross-motions for summary judgment in a dispute regarding the classification of imported serum used for the diagnosis of human blood disorders. The imported merchandise is the same in all material respects as the merchandise involved in Certified Blood Donor Services, Inc. v. United States, 62 CCPA 66, C.A.D. 1147, 511 F. 2d 572 (1975). It was classified under the ultimate residual provision of item 799.001 of the Tariff Schedules of the United States (TSUS).

In the previous action the principal question was the correctness of plaintiff’s claim that…