PRETRIAL, MOTION FOR PROTEST DISMISSED (see MOTION FOR PRETRIAL CONFERENCE PRODUCTS, METAL METAL SCRAP (see METAL SCRAP; PRODUCTS, METAL, C.D. 3625). PROOF, SUFFICIENCY OF PRE-EXISTING MATERIAL DOCTRINE (see TOYS, NOT SPECIALLY PROTEST AMERICAN MANUFACTURER'S JURISDICTION Defendant and the party-in-interest filed motions to dismiss an American manufacturer's protest on the ground that the Customs Court lacked jurisdiction to consider a protest filed by an American manufacturer under sec. 516(b), Tariff Act of 1930, seeking a review of a finding by the Secretary of the Treasury that a foreign government did not pay or bestow a bounty or grant on exportations which would require the imposition of a countervailing duty as provided for in sec. 303, of said act. The court held that said sec. 516(b) permits American manufacturers to protest only the classification of imported merchandise and the rate of duty assessed thereon, but does not authorize the American manufacturer to protest against the amount of duty assessed; that a finding by the Secretary of the Treasury that no bounty or grant had been bestowed by a foreign government upon certain merchandise imported into the United States involves a question of classification and rate of duty, rather than the amount of duty assessed. The motions to dismiss were therefore denied. Hammond Lead Products, Inc., C.D. 3552_ . TYPEWRITER, NONAUTOMATIC Certain merchandise, designated as a "Markwriter 200," was classified as a nonautomatic typewriter with hand-operated keyboard under item 676.05, Tariff Schedules of the United States, and was claimed to be classifiable as a toy under TSUS, item 737.90. The court found from the record that the plaintiff had failed to establish not only that the imported article was not a typewriter, but also that the said imported article or articles of the same class or kind were chiefly used for the amusement of children or adults. Accordingly, the protest was overruled. Western Stamping Corporation, C.D. 3554 Appealed to U.S. Court of Customs and Patent Appeals, Appeal PROTESTS, NO MONETARY CLAIMS JURISDICTION (see ALCOHOLIC BEVERAGES; BOTTLED, UNDER- PULP, NARANJILLA FRUIT JUICES, CITRUS (see FRUIT JUICES, OTHER; NARANJILLA PULP-MAKING MACHINES, PARTS OF DRYER, PARTS OF (see INDUSTRIAL MACHINERY; EQUIPMENT, RADIO APPARATUS DISTANCE MEASURING INSTRUMENTS (see SURVEYING INSTRU RAKES LAWN; HORTICULTURAL TOOLS (see HORICULTURAL RAKES, LAWN, C.D. 3619). TOOLS; OTHER; TOOLS, HORTICULTURAL (see HORTICULTURAL TOOLS; RAKES, LAWN, C.D. 3619). Page 137 152 RAMEN ALIMENTARY PASTE (see ALIMENTARY PASTE; RAMEN, C.D. REFUSAL TO RELIQUIDATE COPPER SCRAP A protest filed against a decision of the district director refusing to Appealed to U.S. Court of Customs and Patent Appeals, Appeal REGULATIONS NONCOMPLIANCE WITH DETERIORATED OR DAMAGED MERCHANDISE (see DAMAGED OR DE- 3630). PARTS, AIRCRAFT (see AMERICAN GOODS RETURNED; AIR- RELIQUIDATE, REFUSAL TO SCRAP, COPPER (see REFUSAL TO RELIQUIDATE; COPPER REPLICAS, MINIATURE, ANIMATE SYNTHETIC RESIN, CHIEF BINDING AGENT (see TOYS, NOT SPECIALLY RUBBER OR PLASTICS, ARTICLES OF, INFLATABLE FOOTBALL EQUIPMENT (see FOOTBALL EQUIPMENT AND PARTS; SAMPLE BOOKLETS SURGICAL NEEDLES Certain sample booklets of stainless steel suture needles were SAMPLES, UNREPRESENTATIVE LEAD RESIDUE, FLUE DUST (see LEAD DROSS; FLUE DUST, C.D. SAMPLING, METHOD OF LEAD RESIDUE-FLUE DUST (see LEAD DROSS; FLUE DUST, C.D. SCRAP BRASS; COPPER TAX (see COPPER TAX; SCRAP COPPER, C.D. 3521). Copper tax (see COPPER TAX; SCRAP COPPER, C.D. 3521). METAL; METALS, MANUFACTURES OF (see METAL SCRAP; PRODUCTS, STEEL; ALLOY, TUNGSTEN (see STEEL SCRAP; TUNGSTEN ALLOY, SETS, GENERATOR LIGHTING Electrical energy, articles suitable for producing, rectifying, modifying, Page 245 196 SHAPES, STEEL STAMPED, UNADVANCED Certain steel stamped shapes were classified as latch needles under par. 343, Tariff Act of 1930, and were claimed to be classifiable as stamped steel shapes, not advanced in value or condition by any process or operation subsequent to the process of stamping, under par. 304, of said act, or, alternatively, as manufactures of metal, under par. 397, of said act. Although it found that the imported articles were dedicated for use as latch needles, the court held that the provision for latch needles in par. 343 does not include unadvanced stampings even though they have been dedicated for use as latch needles, since the scope of the rule that dedicated unfinished articles will be classified in the provision for the unfinished article does not extend to unadvanced basic forms which are otherwise expressly provided for. Accordingly, plaintiff's claim under par. 304 was sustained. Pistorino & Company, Inc., C.D. 3538_ SHOE ORNAMENTS FLOWERS, ARTIFICIAL (see ORNAMENTS, SHOE; ORNAMENTS, SHOVEL HEAD METALS, MANUFACTURES OF (see METALS, MANUFACTURES OF; SHOVELS HEAD, SHOVEL (see METALS, MANUFACTURES OF; SHOVEL SHOWER HEADS, BRASS METALS, MANUFACTURES OF Merchandise, consisting of metal shower heads, was classified as articles in chief value of brass, not specially provided for, under par. 397, Tariff Act of 1930, and was claimed to be classifiable as household utensils in chief value of brass, under par. 339, of said act. Finding that the record failed to establish that the imported articles were chiefly used in and around households, the court overruled the protests. Voss Int. Corp., C.D. 3544__ SIGNALING DEVICES, ELECTRICAL COMBINATIONS, HORN-LIGHT (see BICYCLES, PARTS OF; HORN- SIMILITUDE CLASSIFICATION BY, NOT PRECLUDED; GARLANDS, PROVISION FOR, DE- OF USE; ENUMERATING PROVISIONS IN APPLICABLE (see TOYS, NOT PROVISION EXCLUSIONARY LANGUAGE (see GARLANDS, PLASTIC CHRIST- INAPPLICABLE TO MERCHANDISE IDENTICAL TO ENUMERATED ARTICLE SIMILARITY OF MATERIAL (see GARLANDS, PLASTIC CHRIST- SPECIFICITY, RULE OF SURVEYING INSTRUMENTS v. radio apparatus (see SURVEYING IN- SPIRITS, BOTTLED, UNDERPROOF WITHDRAWAL OF SPIRITS (see ALCOHOLIC BEVERAGES; BOTTLED, STATUTE, COMPLIANCE WITH IMPORTATION, INTENT AT TIME OF (see ADDITIONAL DUTIES; Page 100 123 STEEL SCRAP Merchandise, consisting of steel scrap, was classified as scrap steel under par. 301, Tariff Act of 1930, and was claimed to be free of duty by virtue of sec. 1 of Public Law 869, 81st Congress, as amended by Public Law 723, 84th Congress. The court found that the imported steel scrap, although it contained minor percentages of tungsten and other alloys, was nevertheless classifiable as steel scrap and entitled to the benefit of free entry. Accordingly, plaintiff's claim was sustained. Hugo Neu Corp., C.D. 3542__ SUGAR ADDITIONAL DUTIES (see ADDITIONAL DUTIES; SUGAR, C.D. 3555). SURGICAL NEEDLES SAMPLE BOOKLETS (see SAMPLE SURVEYING INSTRUMENTS, METAL BOOKLETS; SURGICAL Certain distance measuring instruments were classified as surveying instruments and parts thereof, in chief value of metal, under par. 360, Tariff Act of 1930, and were claimed to be classifiable as radio apparatus, instruments and devices, or as articles suitable for producing, rectifying, modifying, controlling, or distributing electrical energy, under par. 353, of said act. Finding that the term "surveying instruments" is not limited to traditional or conventional surveying instruments, but includes those using modern technology and developed for special types of surveying, including the measurement of distance by the use of radio microwaves, and that the imported articles were more specifically provided for as surveying instruments than as radio apparatus, the court overruled the protest. Gehrig, Hoban & Co., Inc., C.D. 3628_ SYNTHETIC RESIN, CHIEF BINDING AGENT REPLICAS, MINIATURE, ANIMATE (see TOYS, NOT SPECIALLY PROVIDED FOR; CONSTRUCTION KITS AND FIGURES, C.D. 3621). TARE CONDITIONS FOR ALLOWANCE OF (see LEAD DROSS; FLUE DUST, TOOLS, HORTICULTURAL TURA RAKES, OTHER (see HORTICULTURAL TOOLS; RAKES, LAWN, ΤΟΥ AMERICAN MANUFACTURER'S PROTEST (see PROTEST, AMERICAN MANUFACTURER'S; TOYS NOT SPEICALLY PROVIDED FOR Certain imported articles, consisting of assembled and unassem- The court found that the plaintiff had failed to establish the DOLL WIGS (see WIGS; DOLL WIGS, C.D. 3531). Page 118 344 311 TREATIES, IRISH AND BRITISH NON-DISCRIMINATORY TAX TREATMENT (see ALCOHOLIC BEVER- TREATY UNITED STATES AND GREAT BRITAIN (8 Stat. 228) (see ALCOHOLIC TUBES HEATER HOUSING; converters, parts of (see CONVERTER INTER- TUNGSTEN ALLOY STEEL SCRAP (see STEEL SCRAP; TUNGSTEN ALLOY, C.D. 3542). PROTEST, AMERICAN MANUFACTURER'S (see PROTEST, AMERICAN VALVES HAND-OPERATED AND CHECK VALVES (see CONVERTER INTERNALS, MACHINES AND PARTS, NOT SPECIALLY PROVIDED FOR (see CONVERTER VALVES, HAND-OPERATED AND CHECK (see CONVERTER INTERNALS, VANILLIN ETHYL; VANILLIN (see ETHYL VANILLIN; COMPOUNDS, OTHER, VANILLIN, ETHYL (see ETHYL VANILLIN; COMPOUNDS, OTHER, PICKLED; MIRIN ZUKE Vegetables, identified as Zuke, were classified as "vegetables, prepared or preserved," under par. 775, Tariff Act of 1930, and were claimed to be classifiable as "pickled vegetables" under the same paragraph. Finding that the merchandise was used as and considered to be pickles, the court sustained the protests. Mutual Supply Co. et al., C.D. 3524_ Appealed to U.S. Court of Customs and Patent Appeals, Appeal PREPARED OR PRESERVED; ZUKE (see VEGETABLES, PICKLED; WEDGES OF WOOD WOOD, ARTICLES OF, NOT SPECIALLY PROVIDED FOR (see HORSEFEA- WIGS DOLL WIGS Wigs for dolls, claimed upon the trial by the government to be classifiable as "toys, not specially provided for," under item 737.90, Tariff Schedules of the United States, were claimed by plaintiff to be classifiable as "wigs" under TSUS, item 790.70. Finding that the subject wigs are "parts" of dolls, and are spe- SPIRITS, BOTTLED, UNDERPROOF (see ALCOHOLIC BEVERAGES; Page 44 75 |