Rudolph Miles & Sons, Inc. v. United States

Richaedson, Judge:

Tbe merchandise in this consolidated action consists of dried, unground chib peppers which were exported from Mexico during the period between May, 1973 and March, 1974, and classified in hquidation upon entry at tbe port of El Paso, Texas,under TSUS item 161.80, the provision for anabeim and ancbo peppers, at tbe duty rate of 5 cents per pound. It is claimed by tbe plaintiff that tbe merchandise is properly classifiable as'unground capsicum or cayenne or red peppers other than anabeim and ancbo peppers under TSUS item 161.83 as modified by T.D. 68-9, at tbe duty rate of 2.5…