Legal Opinion

Schering Corp. v. United States

United States Court of International Trade

Decided March 24, 1981No. Court No. 76-9-02111Published

1Opinion of the Court

Bob, Judge:

The subject merchandise in the above-entitled action is the chemical compound L-ephedrine hydrochloride, a crystalline alkaloid salt, which was exported from Shanghai, China, and entered at the port of New York on May 14, 1976.

Upon liquidation the merchandise was classified by Customs as “synthetic” under item 437.20, TSUS. Plaintiff, however, contends that the merchandise is natural and, therefore, properly classifiable under item 437.22, TSUS. The relevant statutory scheme provides:

*218Schedule 4. — Chemicals and Related Products

PART 3.-DRUGS AND RELATED PRODUCTS

Part 3 headnotes:

3.…

2Cases cited3 opinions

  1. United States v. Pharmacia Fine Chemicals, Inc.Court of Customs and Patent Appeals · 1972
  2. Ciba-Geigy Corp. v. United StatesCourt of Customs and Patent Appeals · 1978
  3. Sandoz, Inc. v. The United StatesCourt of Customs and Patent Appeals · 1969

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