United States v. Corning Glass Works

Markey, Chief Judge.

The government appeals from the judgment of the U.S. Customs Court, 79 Cust. Ct. 72, C.D. 4716,448 F. Supp. 262 (1977) 1 sustaining *26Coming Glass Works’ (Coming’s) protest relating to imported ampul inspection machines. The Customs Court held that proper classification was under item 678.50, TSUS, as “machines not specially provided for * * * .” We reverse and remand.

BACKGROUND

The imported goods are machines used to inspect drug-containing ampuls for foreign matter in the drug solution, and for defects in the ampuls.

A conveying rod moves filled and sealed ampuls from an…