United Purveyors, Inc. v. United States

Rich, Judge.

This appeal is from the judgment of the United States Customs Court, Third Division, 65 Cust. Ct. 566, C.D. 4139 (1970), overruling appellant’s consolidated protests against the classification of certain melons imported from El Salvador between January 22 and March 25 of 1964. We reverse.

Appellant claims that the “Honey Rock” melons imported were not properly classified as “cantaloupes” under TSUS item 148.15, but rather should be classifiable as “other melons” under TSUS item 148.25 which carries a lower duty.

The applicable statutory sections, in pertinent part, are:

Tariff…