To the extent indicated the protest is sustained. In all other respects and as to all other merchandise, the protest is overruled. Judgment will enter accordingly. (C.D. 3513) CRAGSTAN INDUSTRIES, INC. v. UNITED STATES Road race games-Classified as toys not specially provided for Game machines United States Customs Court, First Division Protest 67/63573 against the decision of the collector of customs at [Judgment for plaintiff.] (Decided July 9, 1968) Allerton deC. Tompkins for the plaintiff. Edwin L. Weisl, Jr., Assistant Attorney General, for the defendant. Before WATSON and MALETZ, Judges MALETZ, Judge: This protest has been submitted for decision on a written stipulation, reading as follows: It is hereby stipulated and agreed by and between counsel for the Plaintiff and the Assistant Attorney General for the United States, Defendant, that the items marked "A" and initialed A by Import Specialist Anthony S. Valenty on the invoices accompanying the entry covered by the above protest which were classified under Item 737.90 of the Tariff Schedules of the United States, consist of game machines having mechanical controls for manipulating the action. Plaintiff limits its protest to the claim for classification under Item 734.20 of said Tariff Schedules. The above protest is submitted for decision upon this stipulation. This stipulated statement of the facts is sufficient to remove the present merchandise from the classification given by the collector and to establish the proper classification, as claimed by the plaintiff, to be under item 734.20 of the Tariff Schedules of the United States at 11.5 percent ad valorem as game machines. To the extent indicated the protest is sustained and judgment will be rendered accordingly. (C.D. 3514) THE NEWMAN IMPORTING Co. v. UNITED STATES Rubber articles United States Customs Court, Third Division Protests 65/17562, etc., against the decision of the collector of customs at the port of Los Angeles [Judgment for plaintiff.] (Decided July 15, 1968) Glad & Tuttle for the plaintiff. Edwin L. Weisl, Jr., Assistant Attorney General, for the defendant. Before RICHARDSON and LANDIS, Judges RICHARDSON, Judge: The protests enumerated in the schedule of protests annexed hereto and made a part hereof were submitted to the court for decision upon a stipulation which reads: IT IS HEREBY STIPULATED AND AGREED by and between counsel for the plaintiff and the Assistant Attorney General for the United States that the items marked "A" and initialed WGC (Import Specialist's Initials) by Import Specialist W. G. Cornthwaite (Import Specialist's Name) on the invoices covered by the protests enumerated in Schedule "A" attached hereto and made a part hereof and assessed with duty at 12.5 per cent ad valorem under Item 772.75 TSUS, consist of rubber motor boats similar in all material respects to the merchandise the subject of Andrew Dossett Imp. Inc. v. United States, C.D. 3167, wherein the Court held that said articles were dutiable under Item 696.05 TSUS at 4 per cent ad valorem. IT IS FURTHER STIPULATED AND AGREED that the record in C.D. 3167 be incorporated in the record of the above protests and that said protests be submitted on such record and this stipulation, the protests being limited to the items marked “A” as aforesaid. Accepting this stipulation as evidence of the facts and upon the authority of the case cited therein, we hold that the claim in the protests herein that the items of merchandise marked “A” and initialed WGC by Import Specialist W. G. Cornthwaite on the invoices covered by said protests are dutiable under the provisions of item 696.05 of the Tariff Schedules of the United States at the rate of 4 per centum ad valorem is sustained. As to all other claims and merchandise the protests are overruled. Judgment will be entered accordingly. Protests 66/32224, etc., against the decision of the collector of customs [Judgment in part for plaintiffs.] (Decided July 17, 1968) Barnes, Richardson & Colburn for the plaintiffs. Edwin L. Weisl, Jr., Assistant Attorney General, for the defendant. Before WATSON and MALETZ, Judges WATSON, Judge: These suits have been submitted for decision upon the following agreement between counsel for the respective parties: IT IS HEREBY STIPULATED AND AGREED by and between counsel for the plaintiff and the Assistant Attorney General for the United States, as follows: 1. That the merchandise marked "A" and initialed MK (Import Specialist's Initials) by Import Specialist Martin Krebs (Import Specialist's Name) on the invoices covered by the protests and entries enumerated on Schedule "A" attached hereto and made a part hereof, was assessed with duty at the rate of 22% ad valorem under Item 711.88, TSUS, and is claimed dutiable at 12% ad valorem under Item 712.50, TSUS. 2. That said merchandise consists of injection blocks, beam condensers, analyzer assemblies, flame detectors, and various other items, all of which are components of gas chromatographs. 3. That said chromatographs are electrical analyzing instruments, which contain no optical elements, and depend for their operation upon an electrical phenomenon which varies according to the factor to be ascertained. IT IS FURTHER STIPULATED AND AGREED that the protests enumerated on Schedule "A" attached hereto and made a part hereof be submitted on this stipulation, said protests being limited to the merchandise marked "A" as aforesaid. Upon the agreed facts, we hold that the merchandise covered by the entries and protests enumerated in schedule A attached hereto and made a part hereof, is properly dutiable under item 712.50 of the Tariff Schedules of the United States at the rate of 12 per centum ad valorem as other "Electrical measuring, checking, analyzing instruments", as claimed. To the extent indicated, the protests are sustained. Judgment will issue accordingly. (C.D. 3516) ORGANON, INC. v. UNITED STATES Drugs United States Customs Court, First Division Protests 66/22898, etc., against the decision of the collector of [Judgment in part for plaintiff.] (Decided July 22, 1968) Barnes, Richardson & Colburn for the plaintiff. Edwin L. Weisl, Jr., Assistant Attorney General, for the defendant. Before WATSON and MALETZ, Judges WATSON, Judge: These suits have been submitted for decision on the following written stipulation between counsel for the respective parties: IT IS HEREBY STIPULATED AND AGREED by and between counsel for the plaintiff and the Assistant Attorney General for the United States, subject to the approval of the Court, as follows: 1. That the merchandise marked "A" and initialed CT (Import Specialist's Initials) by Import Specialist Charles Truxson Jr. (Import Specialist's Name) on the invoices covered by the protests and entries enumerated on Schedule "A" attached hereto and made a part hereof, were assessed with duty at 10.5% ad valorem under Item 437.56 Tariff Schedules of the United States, as synthetic hormones, and are claimed dutiable at 3% ad valorem under Item 437.58, as natural hormones, not artificially mixed. 2. That said merchandise consists of adrenocorticotrophic hormones, commonly known and referred to as ACTH, the same in all material respects to the merchandise involved in Organon, Inc. v. United States, C.D. 3170, wherein it was held that said merchandise is a natural and uncompounded drug. 3. That said drug is a hormone, which is natural and which has not been artificially mixed prior to importation. IT IS FURTHER STIPULATED AND AGREED that the record in C.D. 3170 be incorporated in these cases, and that the said protests enumerated on Schedule "A" be submitted on this stipulation, the same being limited to the merchandise marked "A" as aforesaid. On the agreed facts, we hold the merchandise represented by the items marked with the letter "A" and initialed by the import specialist on the invoices accompanying the entries covered by the protests enumerated in schedule "A," attached hereto and made a part hereof, properly dutiable under item 437.58 of the Tariff Schedules of the United States at the rate of 3 percent ad valorem as natural hormones which have not been artificially mixed prior to importation. To the extent indicated, the protests are sustained. As to all other claims or merchandise, the protests are overruled. Protest 66/9135 against the decision of the collector of customs [Judgment for plaintiffs.] (Decided July 22, 1968) Barnes, Richardson & Colburn for the plaintiffs. Edwin L. Weisl, Jr., Assistant Attorney General, for the defendant. Before WATSON and MALETZ, Judges MALETZ, Judge: This protest has been submitted for decision on a written stipulation, reading as follows: IT IS HEREBY STIPULATED AND AGREED by and between counsel for the plaintiffs and the Assistant Attorney General for the United States, subject to the approval of the court, that the items marked "A" and initialed DL (Commodity Specialist's Initials) by Commodity Specialist D. Lefkowitz (Commodity Specialist's Name) on the invoice covered by the above protest, and assessed with duty at 35% ad valorem under Item 737.90 of the Tariff Schedules of the United States, consists of non-synchronous, general purpose electric motors under 140 horsepower, of the type provided for in Item 682.25, |