Page

INTENT

146

TIMEPIECE MOVEMENTS-Continued
Clocks OR CLOCK MOVEMENTS—Continued

The court also did not accept plaintiff's contention that the synchronous motors are essential for the functioning of the subject movements. The measurement called for in par. 367(h), should include the width of such motors which extend beyond the pillar plate, and held that the measurement called for is confined to the measurement of the pillar plate itself. General Electric Co.,(Gehrig Hoban & Co.,

Inc., a/c The Hubley Mfg. Co., Party in Interest), C.D. 2612...
TOOTHBRUSHES
COMMON MEANING (see TOOTHBRUSHES; ELECTRIC TOOTH-

BRUSHES, C.D. 2622).
CONGRESSIONAL

(see TOOTHBRUSHES; ELECTRIC TOOTHBRUSHES, C.D. 2622). ELECTRIC TOOTHBRUSHES

Certain electric toothbrushes consisting of 4 toothbrush heads, a handle with a tip or switch, and a motor and a cabinet for batteries, were properly classified as “toothbrushes” under par. 1506, Tariff Act of 1930. The claim for classification under par. 353, of said act as "articles having as an essential feature an electrical element or device, in chief value of metal,” was overruled for failure to prove the component material of chief value was metal.

In addition, the court did not accept the claim that the electric toothbrush is "more than” a toothbrush, since allegedly it massages the gums and is electrically operated. Kaysons Import Corp., C.D.

2622 TOYS

EVIDENCE REQUIRED (see GOGGLES, BOYS'; TOYS, C.D. 2625).

GOGGLES, Boys' (see GOGGLES, BOYS'; TOYS, C.D. 2625).
TRANSPARENCIES
LITHOGRAPHIC ARTICLES

Certain lithographically printed ovals, classified as "transparencies” under par. 1406, Tariff Act of 1930, by virtue of the similitude provisions of par. 1559, of said act, were claimed to be either "labels" or “decalcomanias” within said par. 1406.

Setting forth definitions of the words "label" and "decalcomanias," the court held that the record was inadequate to sustain plaintiff's burden of proving that the importation was either a label or decalcomania. Accordingly, the protests were overruled. F. H. Kaysing,

C.D. 2698. TRAYS

LETTER; BASKETS (see WOOD, MANUFACTURES OF; BASKETS,

C.D. 2662).
SERVING; BASKETS (see WOOD, MANUFACTURES OF; BASKETS,

C.D. 2662).
SHALLOW; BASKETS (see WOOD, MANUFACTURES OF; BASKETS,

C.D. 2662).
SNACK; BASKETS (see WOOD, MANUFACTURES OF; BASKETS,

C.D. 2662).
TRIMMINGS
WHAT CONSTITUTE (see BLOUSES WITH YOKES; WEARING

APPAREL, COTTON, NOT SPECIALLY PROVIDED FOR,

Abstract 69760).
TUBES
IRON OR STEEL, NOT SPECIALLY PROVIDED FOR; TUBES, SEAMLESS STEEL

Merchandise, described as seamless steel tubes, was properly classified under par. 328, Tariff Act of 1930, as “iron or steel tubes, not specially provided for” rather than as claimed, under par. 312, of said act, as 'structural shapes.”

The suggestion that the tubes as imported were dedicated for use as couplings would be futile since neither tubing nor couplings qualify as 'structural shapes." John A. Steer Co., a/c Charles A. Koons, Inc., C.D. 2667..

514

410 Page

TUBES-Continued
SEAMLESS STEEL
Structural shapes (see TUBES, IRON OR STEEL, NOT SPE-

CIALLY PROVIDED FOR; TUBES, SEAMLESS STEEL,

C.D. 2667).
Tubes, iron or steel, not specially provided for (see TUBES, IRON

OR STEEL, NOT SPECIALLY PROVIDED FOR; TUBES,

SEAMLESS STEEL, C.D. 2667).
TUBING
STRUCTURAL SHAPES (see TUBES, IRON OR STEEL, NOT SPE-

CIALLY PROVIDED FOR; TUBES, SEAMLESS STEEL, C.D.

2667).
TUNA FISH, COOKED AND FROZEN
Fish, PREPARED OR PRESERVED (see FISH, PREPARED OR PRE-

SERVED; TUNA FISH, COOKED AND FROZEN, C.D. 2690).
USE
CHIEF
Candlesticks and candelabra (see HOUSEHOLD UTENSILS;

MENORAH CANDELABRA, C.D. 2611).
Shoe machinery (see SHOE MACHINERY; ELECTRICAL ELE-

MENT OR DEVICE, C.D. 2664).
V. eo nomine; barytes ore, crude (see BARYTES ORE, CRUDE;
MINERALS, CRUDE, NOT SPECIALLY PROVIDED FOR,

C.D. 2618).
CLASSIFICATION BY
Automobiles, parts of (see AUTOMOBILES, PARTS OF; ENGINES,

PARTS OF INTERNAL-COMBUSTIÓN, C.D. 2635).
Automobiles, parts of (see AUTOMOBILES, PARTS OF; INSERT
BEARINGS, C.D. 2643).

ACTU
Baskets (see WOOD, MANUFACTURES OF; BASKETS, C.D.

2662).
Cutting tools (see CUTTING TOOLS; MACHINES, PARTS OF,

C.D. 2616).
Electronic therapeutic appartus (see SURGICAL INSTRUMENTS;
ELECTRONIC AMPLIFIER OR MICROMANOMETER WITH

CATHETER TIP, C.D. 2634).
Evidence, sufficiency of (see SURGICAL INSTRUMENTS; ELEC-

TRONIC AMPLIFIER OR MICROMANOMETER' WITH

CATHETER TIP, C.D. 2634).
Facemasks (see FACEMASKS; RUBBER, MANUFACTURES OF,

C.D. 2613).
Flooring, Japanese white oak (see WOOD, MANUFACTURES OF,

NOT SPECIALLY PROVIDED FOR; JAPANESE OAK MO

SAIC FLOORING, C.D. 2636).
Goggles (see GOGGLES, BOYS'; TOYS, C.D. 2625).
Internal-combustion engines, parts of (see AUTOMOBILES, PARTS
OF; ENGINES, PARTS OF INTERNAL-COMBUSTIÓN, C.D.

2635).
Internal-combustion engines, parts of (see AUTOMOBILES, PARTS

OF; INSERT BEARINGS, C.D. 2643).
Knives (see KNIFE, HUNTING, MINIATURE; METALS, MAN-

UFACTURES OF, C.D. 2686).
Mugs, plastic (see PLASTIC MUGS; MUGS, EARTHENWARE,

C.D. 2666).
Nylon, manufactures of (see NYLON, MANUFACTURES OF;

TARRED NYLON FISH NETS, C.D. 2637).
Presumption of correctness (see METALS, MANUFACTURES OF;

HARDWARE, LUGGAGE, Abstract 69778).
Saw, circular (see DADOS; SAWS, CIRCULAR, C.D. 2689).
Screwdrivers (see SCREWDRIVERS, ILLUMINATED; SCREW-

DRIVERS, C.D. 2703).
Shoe machinery (see SHOE MACHINERY; ELECTRICAL ELE-

MENT OR DIVICE, C.D. 2664).
Sponges, partly finished (see CELLULOSE COMPOUNDS;
SPONGES, PARTLY FINISHED, C.D. 2615).

Par

Insert bearings for internal-combustion engines (see AU FOMOBILES,

USE—Continued
CLASSIFICATION BY—Continued
Structural shapes (see SHELF BRACKETS; METALS, MANU-

FACTURES OF, NOT SPECIALLY PROVIDED FOR, C.D.

2680).
Structural shapes (see TUBES, IRON OR STEEL, NOT SPECIALLY

PROVIDED FOR; TUBES, SEAMLESS STEEL, C.D. 2667).
Surgical instruments (see SURGICAL INSTRUMENTS; ELEC-

TRONIC AMPLIFIER OR MICROMANOMETER WITH

CATHETER TIP, C.D. 2634).
Table or household articles (see GLASSWARE, DECORATED;

TABLE OR HOUSEHOLD ARTICLES, C.D. 2670).
Yarns (see NYLON MONOFILAMENTS; YARNS, C.D. 2695).
DEDICATION TO
Automobile parts (see AUTOMOBILES, PARTS OF; ENGINES,

PARTS OF INTERNAL-COMBUSTÍON, C.D. 2635).
Bracelet for one type of watch (see WATCH BRACELETS, PARTS

OF; ARTICLES OF PERSONAL ADORNMENT, C.D. 2641).
Couplings (see TUBES, IRON OR STEEL, NOT SPÉCIALLY PRO-

, C.D. 2667.
PARTS OF; INSERT BEARINGS, C.Ď. 2643).
Internal-combustion engine parts (see AUTOMOBILES, PARTS OF;

ENGINES, PARTS OF INTERNAL-COMBUSTION, C.D. 2635).
Nonautomotive purpose; evidence, sufficiency of (see AUTOMOBILES,

OF; INSERT 2643
DESIGNATION BY; Tariff Act of 1930, par. 352 (see CUTTING TOOLS;

MACHINES, PARTS OF, C.D. 2616).
EVIDENCE OF; testimony, hearsay (see WOOD, MANUFACTURES OF;

BASKETS, C.D. 2662).
LACK OF EVIDENCE AS TO; EVIDENCE, SUFFICIENCY OF (see HOUSEHOLD

UTENSILS; MENORAH CANDELABRA, C.D. 2611).
SPECIFIC V. GENERAL DESIGNATION
Paints or stains containing alcohol

The subject merchandise, used in coating cedar shakes and con-
taining less than 30 per centum of alcohol but substantial quantities
of titanium dioxide, was held to be more specifically provided for
under par. 89, Tariff Act of 1930, and accordingly properly clas-
sifiable as "compounds and mixtures containing titanium" rather
than under par. 24 as "chemical mixtures or alcoholic compounds,
not specially provided for."

The remaining item involved herein, notwithstanding that it was
in the form of a paste and required the addition of a solvent before
it could be used as a stain or paint, was, at the time of importation,
commercially fit only for use as a stain or paint. Therefore, it was
held to be more specifically provided for under par. 66, as “pigments,
colors, stains, and paints” than under par. 24, Tariff Act of 1930.

Boarder Brokerage Company, Inc., C.D. 2606_
Relative specificity (see USE, SPECIFIC V. GENERAL DESIG-
NATION; PAINTS OR STAINS CONTAINING ALCOHOL,

C.D. 2606).
SUITABILITY FOR; PAINTS OR STAINS (see USE, SPECIFIC V. GENERAL

DESIGNATIÓN; PAINTS OR STAINS CONTAINING ALCO

HOL, C.D. 2606).
TIME OF DETERMINATION; DATE OF IMPORTATION (see WOOD SLATS,

MOLDED; LUMBER, NOT FURTHER ADVANCED THAN

PLANED, C.D. 2704).
UTILITARIAN; RELIGIOUS ARTICLES (see HOUSEHOLD UTENSILS;

MENORAH CANDELABRA, C.D. 2611).
V. EO NOMINE, WHEN CONTROLLING (see CUTTING TOOLS; MA-

CHINES, PARTS OF, C.D. 2616).
VEGETABLE SUBSTANCES, CRUDE OR UNMANUFACTURED
Articles imported in a preservative (see VINE LEAVES IN BRINE;

EDIBLE PREPARATIONS FOR HUMAN CONSUMPTION,

C.D. 2665).
Vine leaves in brine (see VINE LEAVES IN BRINE; EDIBLE PREP-

ARATIONS FOR HUMAN CONSUMPTION, C.D. 2665).

16 Page

395

UNMANUFACTURED

CRUDE

OR

VEGETABLES, PICKLED
Vine leaves in brine (see VINE LEAVES IN BRINE; EDIBLE PREP-

ARATIONS FOR HUMAN CONSUMPTION, C.D. 2665).
VINE LEAVES IN BRINE
EDIBLE PREPARATIONS FOR HUMAN CONSUMPTION

Certain vine leaves imported in brine in bottles, were held to have
been properly classified under par. 1558, Tariff Act of 1930, as “non-
enumerated manufactured articles which are edible preparations
for human consumption.”'

The court held that the vine leaves, processed after importation by repetitive washes, then repacked in brine in bottles for retail sale, are not "vegetables” in the tariff sense, within the purview of par. 375, of said act; nor, since they are not in the raw state, and are not nonmanufactured, they are "unenumerated raw or nonmanufactured articles” under Par. 1558, of said act. Although vine leaves are a vegetable substance, inasmuch as vine leaves packed in brine, are not a crude or nonmanufactured vegetable substance, the court held they were not free of duty under par. 1722 of said act. George

E. Athans Co., C.D. 2665..
RAW OR NONENUMERATED

ARTICLES (see VINE
LEAVES IN BRINE; EDIBLE PREPARATIONS FOR HUMAN

CONSUMPTION, C.D. 2665).
VEGETABLE SUBSTANCES,

UNMANUFACTURED (see VINE
LEAVES IN BRINE; EDIBLE PREPARATIONS FOR HUMAN

CONSUMPTION, C.D. 2665).
VEGETABLES, PICKLED (see VINE LEAVES IN BRINE; EDIBLE

PREPARATIONS FOR HUMAN CONSUMPTION, C.D. 2665).
WALL BRACKET AND SHELF

FURNITURE (see FURNITURE; WALL CABINETS, C.D. 2619).
WOOD, MANUFACTURES OF, NOT SPECIALLY PROVIDED FOR (see FURNI-

TURE; WALL CABINETS, C.D. 2619).
WALL CABINETS

FURNITURE (see FURNITURE; WALL CABINETS, C.D. 2619).
Wood, MANUFACTURES OF, NOT SPECIALLY PROVIDED FOR (see FURNI-

TURE; WALL CABINETS, C.D. 2619).
WASTE
NOT SPECIALLY PROVIDED FOR
Commingled merchandise (see CUTTINGS, CLOTH; WASTE,

NOT SPECIALLY PROVIDED FOR, C.D. 2629).
Cuttings, cloth (see CUTTINGS, CLOTH; WASTE, NOT SPE-

CIALLY PROVIDED FOR, C.D. 2629).
NYLON; NYLON YARN CONTAINING DEFECTS AND IMPURITIES (see YARNS,

NYLON, PLIED; NYLON YARN CONTAINING DEFECTS

AND IMPERFECTIONS, C.D. 2638).
WASTEBASKETS
BASKETS (see WOOD, MANUFACTURES OF; BASKETS, C.D.

2662).
WATCH BRACELETS
LEGISLATIVE HISTORY (see WATCH BRACELETS, PARTS OF; ARTI-

CLES OF PERSONAL ADORNMENT, C.D. 2641). PARTS OF; ARTICLES OF PERSONAL ADORNMENT

Certain items, invoiced as bangle arms, springs, and rivets, when
assembled, formed and functioned as the watch bracelet portion of
a uniquely designed "bracelet watch.” The court held such items
were properly classified as “parts of watch bracelets” under par.
1527(c)(2), Tariff Act of 1930, notwithstanding the fact that, because
of their design and construction, the items were dedicated to use with
but one type of watch. U.S. Time Corp., C.D. 2641

Appealed to U.S. Court of Customs and Patent Appeals, Appeal
5254.
WATCH MOVEMENTS
MEASUREMENT (see TIMEPIECE MOVEMENTS; CLOCKS OR

CLOCK MOVEMENTS, C.D. 2612).
MEASUREMENT OF; CONGRESSIONAL INTENT (see TIMEPIECE MOVE-

MENTS; CLOCKS OR CLOCK MOVEMENTS, C.D 2612).

311

WEARING APPAREL, COTTON, NOT SPECIALLY PROVIDED

FOR
BLOUSES WITH YOKES (see BLOUSES WITH YOKES; WEARING

APPAREL, COTTON, NOT SPECIALLY PROVIDED FOR,

Abstract 69760).
WEIGHT
DETERMINATION OF; CONDITION AS IMPORTED (see NYLON, MANC-

FACTURES OF; TARRED NYLON FISH NETS, C.D. 2637).
TARRED NYLON FISH NETS (see NYLON, MANUFACTURES OF;

TARRED NYLON FISH NETS, C.D. 2637).
WOOD
MANUFACTURES OF
Baskets

The subject merchandise, consisting of various articles of rattan-
core or rattancore and peel, was classified under par. 411, Tariff
Act of 1930, as "baskets in chief value of wood.” Plaintiffs claimed
that some of the articles were classifiable as "manufactures of wood,
not specially provided for under par. 412, while the remaining
articles were classifiable as "furniture” under said paragraph.

The court held that an article, otherwise qualifying as a basket, is not excluded from that classification by reason of embodying no woven work.

Defining a basket as a semiflexible vessel or container, used to hold, protect, or carry, the court sustained the protests as to those items not meeting such description, and overruled the others. Royal Cathay Trading Co. and W. Ś. Byrnes & Co. et al., C.D.

2662. Not specially provided for Japanese oak mosaic flooring

The claim for classification of Japanese oak mosaic flooring
as “flooring of Japanese white oak,” under par. 404, Tariff Act
of 1930, was overruled because the record did not establish that
the merchandise was chiefly used as flooring throughout the
United States. Accordingly, classification was as "manufac-
tures of wood, not specially provided for’ under par. 412. Mitsui

& Co., Ltd., C.D. 2636
Wall_bracket and shelf (see FURNITURE; WALL CABINETS,

C.D. 2619).
Wall cabinets (see FURNITURE; WALL CABINETS, C.D. 2619).
Pails, wooden (see CASKS, BARRELS, AND HOGSHEADS OF

WOOD; PAILS, WOODEN, C.D. 2620).
Sled, rattancore (see SLED, RATTANCORE; WOOD, MANU.

FÁCTURES OF, C.D. 2702).
SLATS, MOLDED; LUMBER, NOT FURTHER ADVANCED THAN PLANED

Certain wooden slats, molded by machine and classified under par. 412, Tariff Act of 1930, as “manufactures in chief value of wood, not specially provided for,” were held to be "lumber, not further advanced than planed” under par. 1803, of said act because planing includes molding.

An alternative claim for free entry under par. 1806, of said act as being "suitable for sticks for sunshades” in that the importations were suitable for awning uses was denied because sunshades in the tariff sense, are not awnings but articles used like parasols or umbrellas.

Acmé Venetian Blind & Window Shade Corp., C.D. 2704.---
WOODEN SLATS
SUNSHADES (see WOOD SLATS, MOLDED; LUMBER, NOT FUR-

THER ADVANCED THAN PLANED, C.D. 2704).
WOOL
AND HAIR WASTE; CONGRESSIONAL INTENT (see CASHMERE GOAT

HAIR; NOILS, CASHMERE, C.D. 2631).
Rags
Burden of proof (see CUTTINGS, CLOTH; WASTE, NOT SPE-

CIALLY PROVIDED FOR, C.D. 2629).
What constitute (see CUTTINGS, CLOTH; WASTE, NOT SPE-

CIALLY PROVIDED FOR, C.D). 2629).
WASTE; SUMMARY OF TARIFF INFORMATION, 1929 (see CASHMERE

GOAT HAIR; NOILS, CASHMERE, C.D. 2631).

267

503