United States Customs Court September 19, 1977, C.R.D. 77-9; Court No. 77-3-00472 (Ataka America, Inc. v. United States)

Newman, Judge:

Plaintiff has moved for an order severing a protest (No. 1001-6-009288) from this civil action; defendant opposes the motion.

In support of its application, plaintiff’s counsel has submitted an affidavit averring, inter alia: All entries covered by the civil action present a common question of law as to whether the merchandise is properly classifiable as medical optical instruments