John K. Kealy Co. v. United States

Re, Judge:

The merchandise, the subject of this action, consists of a marking pen holder and three felt-tipped marking pen refills. Plaintiff’s exhibit 1, a representative sample of the merchandise, shows that the marking pen holder and refills were imported attached to a cardboard sheet held firmly in place by a transparent plastic cover. This package, containing the pen holder and refills, is sold as a unit known as the “Pilot” “2y2 miler” and on the cardboard sheet there are printed the words “Pen with refills writes ‘2% miles’

The marking pen, consisting of the pen holder and one refill,…