ABSTRACTS OF CUSTOMS COURT DECISIONS

Protests

The following abstracts of decisions of the United States Customs Court at New York are published for the information and guidance of officers of the customs and others concerned.

First Division.-Judges James L. Watson, Herbert N. Maletz, and Bernard Newman.'-Second Division.-Judges Paul P. Rao, Morgan Ford, Lindley Beckworth, and Bernard Newman.3-Third Division.-Judges Scovel Richardson, Frederick Landis, and Samuel M. Rosenstein.*

BEFORE THE FIRST DIVISION, JULY 1, 1968

No. P68/303.-America-Asia Co. et al. v. United States, protests 62/7673, etc. (Los Angeles).

MAIZE AND RUSH OR BULRUSH BAGS AND BASKETS-BAGS AND BASOF STRAW-MANUFACTURES OF WEEDS SIMILITUDE-TRADE AGREEMENT.

KETS

WATSON, J. In accordance with stipulation of counsel that the merchandise covered by the foregoing protests consists of maize and rush or bulrush bags and baskets similar in all material respects to those the subject of Carson M. Simon & Co. v. United States (55 Cust. Ct. 103, C.D. 2558) and Morris Friedman v. United States (58 Cust. Ct. 456, C.D. 3019), the claim of the plaintiffs was sustained.

BEFORE THE SECOND DIVISION, JULY 1, 1968

No. P68/304.-A. N. Deringer, Inc. v. United States, protest 64/15093 (Ogdensburg).

No. P68/305.-A. N. Deringer, Inc. v. United States, protest 64/17902 (Ogdensburg).

COWAN SCREENS STOCK-TREATING PARTS-MACHINES FOR MAKING PAPER OR PAPER PULP-TRADE AGREEMENT-REMAND TO SINGLE JUDGE.

BECKWORTH, J. In accordance with stipulation of counsel that the items of merchandise marked "A" covered by the foregoing protests

1 Assigned to first division September 20, 1968.

2 Resigned, effective August 31, 1968.

* Assigned to second division November 15, 1968. 'Assigned to third division September 20, 1968.

consist of screens or parts of machines for making paper or paper pulp similar in all material respects to those the subject of A. N. Deringer, Inc. v. United States (56 Cust. Ct. 477, C.D. 2681) and that the items of merchandise marked "B" consist of screen plate frames with screen plates similar in all material respects to, and appraised in the same manner as, those the subject of said C.D. 2681, the claim of the plaintiff was sustained as to the items marked "A" and, insofar as they related to the items marked "B", the protests were dismissed and the matter remanded to a single judge to determine the proper dutiable value of said merchandise in the manner provided by law (28 U.S.C. § 2636 (d)).

BEFORE THE SECOND DIVISION, JULY 2, 1968

No. P68/306.-N. Erlanger Blumgart & Co., Inc. v. United States, protests 64/11908, etc. (New York).

No. P68/307.-N. Erlanger Blumgart & Co., Inc. v. United States, protests 65/19068, etc. (New York).

COTTON SUEDE CLOTH-WATERPROOF COTTON CLOTH-TRADE AGREEMENT.

RAO, C. J. In accordance with stipulation of counsel that the merchandise covered by the foregoing protests consists of quality VV9 and 430 heavyweight cotton suede cloth weighing 11 ounces or over per square yard similar in all material respects to that the subject of N. Erlanger Blumgart & Co., Inc. v. United States (59 Cust. Ct. 121, C. D. 3092), the claim of the plaintiff was sustained.

BEFORE THE SECOND DIVISION, JULY 3, 1968

No. P68/308.-N. Erlanger Blumgart & Co., Inc., v. United States, protests 63/18426, etc. (New York).

COTTON SUEDE CLOTH-WATERPROOF COTTON CLOTH-TRADE AGREE

MENT.

RAO, C. J. In accordance with stipulation of counsel that the merchandise covered by the foregoing protests consists of cotton suede cloth, 11 ounces or over per square yard, similar in all material respects to that the subject of N. Erlanger Blumgart & Co., Inc. v. United States (59 Cust. Ct. 121, C.D. 3092), the claim of the plaintiff was sustained.

No. P68/309.-Bert Scheuer, Inc. v. United States, protests 60/13971, etc. (Tampa).

No. P68/310.-Metasco, Inc. v. United States, protest 61/5007 (Tampa).

No. P68/311.-Korlis, Ltd. v. United States, protest 61/13550 (Los

Angeles).

No. P68/312. Metasco, Inc. v. United States, protest 62/1596 (New

York).

BICYCLES-TRADE AGREEMENT.

BECKWORTH, J. In accordance with stipulation of counsel that the merchandise covered by the foregoing protests consists of bicycles, with or without tires having wheels in diameter (measured to the outer circumference of the tire) over 25 inches, weighing less than 36 pounds complete without accessories, and not designed for use with tires having a cross-sectional diameter exceeding 15% inches and that the merchandise and issues herein are similar in all material respects to those the subject of United States v. Schmidt Pritchard & Co., Mangano Cycles Co. (47 CCPA 152, C.A.D. 750), the claim of the plaintiffs was sustained.

BEFORE THE THIRD DIVISION, JULY 8, 1968

No. P68/313.-United China & Glass Company v. United States, protests 316227-K/15000, etc. (New Orleans)

CUPS AND SAUCERS-DECORATED CHINAWARE, OTHER THAN TABLEWARE-TRADE AGREEMENT.

LANDIS, J. In accordance with stipulation of counsel that the merchandise covered by the foregoing protests consists of cups and saucers similar in all material respects to those the subject of W. Kay Company, Inc. v. United States (53 Cust. Ct. 130, C.D. 2484), the claim of the plaintiff was sustained.

BEFORE THE FIRST DIVISION, JULY 15, 1968

No. P68/314.-Gamble Vargish & Co., dba Seabury & Co. v. United States, protests 60/16697 and 60/16735 (Los Angeles).

MINIATURE ELECTRIC MOTORS-PARTS OF TOYS-ELECTRICAL ELEMENT OR DEVICE-TRADE AGREEMENT.

MALETZ, J. In accordance with stipulation of counsel that the merchandise covered by the foregoing protests consists of electric motors similar in all material respects to those the subject of Gamble Vargish & Co., dba Seabury & Co. v. United States (57 Cust. Ct. 448, C.D. 2834), the claim of the plaintiff was sustained.

BEFORE THE THIRD DIVISION, JULY 17, 1968

No. P68/315.-The Newman Imp. Co., Inc., et al. v. United States, protests 67/36171, etc. (Los Angeles).

RUBBER MOTORBOATS-YACHTS OR PLEASURE BOATS-TSUS.

RICHARDSON, J. In accordance with stipulation of counsel that the merchandise covered by the foregoing protests consists of rubber motorboats similar in all material respects to those the subject of Andrew Dossett Imp. Inc. v. United States (59 Cust. Ct. 350, C.D. 3167), the claim of the plaintiffs was sustained.

BEFORE THE FIRST DIVISION, JULY 22, 1968

(NOTE: The following protests were decided by a special first division consisting of WATSON, MALETZ, and Rao, Judges.)

No. P68/316.-Brown, Alcantar & Brown, Inc. v. United States, protests 62/15032, etc. (El Paso).

WOODEN DOORS-MANUFACTURES OF WOOD-TRADE AGREEMENT. RAO, C.J. In accordance with stipulation of counsel that the merchandise covered by the foregoing protests consists of wooden doors similar in all material respects to those the subject of B. A. McKenzie & Co., Inc. v. United States (58 Cust. Ct. 460, C.D. 3020), the claim of the plaintiff was sustained.

BEFORE THE THIRD DIVISION, JULY 24, 1968

No. P68/317.-W. Kay Company, Inc. v. United States, protest 66/9298 (New York).

CUPS AND SAUCERS-DECORATED CHINAWARE, OTHER THAN TABLEWARE-TRADE AGREEMENT.

LANDIS, J. In accordance with stipulation of counsel that the merchandise covered by the foregoing protest consists of cups and saucers similar in all material respects to those the subject of W. Kay Company, Inc. v. United States (53 Cust. Ct. 130, C.D. 2484), the claim of the plaintiff was sustained.

BEFORE THE SECOND DIVISION, AUGUST 1, 1968

No. P68/318.-William Shaland Corp. et al. v. United States, protests 67/63106, etc. (New York).

HORNS-ELECTRICAL SIGNALING DEVICES-RUBBER BULB HORNSMETAL ARTICLES-TRADE AGREEMENT.

BECKWORTH, J. In accordance with stipulation of counsel that the items of merchandise marked "D" covered by the foregoing protests consist of battery-operated horns similar in all material respects to

those the subject of S. Hiller & Co. et al. v. United States (59 Cust. Ct. 79, C.D. 3082) and that the items of merchandise marked "C" consist of rubber bulb horns similar in all material respects to those the subject of Sherwin International, Inc. v. United States (54 Cust. Ct. 466, Abstract 69382), the claims of the plaintiffs were sustained. No. P68/319.-Traveler Trading Co. v. United States, protests 58/17697, etc. (New York).

HORNS-PARTS OF BICYCLES-METAL ARTICLES-TRADE AGREEMENT. BECKWORTH, J. In accordance with stipulation of counsel that the merchandise covered by the foregoing protests consists of rubber bulb horns similar in all material respects to those the subject of Sherwin International, Inc. v. United States (54 Cust. Ct. 466, Abstract 69382), the claim of the plaintiff was sustained.

BEFORE THE THIRD DIVISION, AUGUST 1, 1968

No. P68/320.-The Newman Importing Company et al. v. United States, protests 65/21296, etc. (Los Angeles).

RUBBER MOTORBOATS-PNEUMATIC CRAFT-YACHTS OR PLEASURE BOATS-TSUS.

RICHARDSON, J. In accordance with stipulation of counsel that the merchandise covered by the foregoing protests consists of rubber motorboats similar in all material respects to those the subject of Andrew Dossett Imp., Inc. v. United States (59 Cust. Ct. 350, C.D. 3167), the claim of the plaintiffs was sustained.

BEFORE THE SECOND DIVISION, AUGUST 6, 1968

No. P68/321.-Earl Bloom Corp. v. United States, protests 63/2540, etc. (New York).

COTTON SUEDE CLOTH-WATERPROOF AGREEMENT.

COTTON

CLOTH-TRADE

RAO C.J. In accordance with stipulation of counsel that the merchandise covered by the foregoing protests consists of quality VV9 and 430 heavyweight cotton suede cloth weighing 11 ounces or over per square yard similar in all material respects to that the subject of N. Erlanger Blumgart & Co., Inc. v. United States (59 Cust. Ct. 121, C.D. 3092), the claim of the plaintiff was sustained.