A. N. Deringer, Inc. v. United States

Rao, Judge:

This is a motion, filed on December 15, 1972, for an order which will include the statement necessary to provide the condi*338tion precedent for an application to seek leave to file an intermediate appeal to the Court of Customs and Patent Appeals, pursuant to 28 U.S.C. 1541(b), as amended, from the court’s order of September 26, 1972, denying a motion to dismiss the action and/or the complaint.

The merchandise involved herein consists of brassieres and bikini pants, imported in sets. They were classified as entireties under item 378.60, TSUS, as underwear. Plaintiff claims that the…