Stewart-Warner Corp. v. United States

Opinion and Order

MALETZ, Senior Judge.

This action involves a rare event in this court — a challenge by an American manufacturer of a Customs Service classification of competing imported merchandise. The American manufacturer, Stewart-Warner Corp. (Stewart-Warner), brought this action pursuant to section 516 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1516 (Supp. IV 1980), and 28 U.S.C. § 1581(b), seeking reclassification of certain speedometers used primarily on cycle exercisers. 1 Upon entry the merchandise was classified as “other” speedometers under item 711.98 of the Tariff…