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(Decided March 29, 1966) Lawrence & Tuttle for the plaintiffs. John W. Douglas, Assistant Attorney General, for the defendant.

WILSON, Judge: This matter is before me on remand from classification proceedings decided by the first division of this court in Felix M. Mendelson and Hoyt, Shepston & Sciaroni v. United States, 40 Cust. Ct. 415, Abstract 61463. By the judgment therein and under the terms of the statute (28 U.S.C. $ 2636(d)), the matter was remanded to a single judge for determination of the value of the merchandise in the manner provided by law. The proceeding has been abandoned by counsel for the importer. It is, therefore, dismissed. Judgment will be rendered accordingly.

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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 Webster J. Oliver, David J. Wilson, Philip Nichols, Jr.,

and James L. Watson.—Second Division.—Judges Paul P. Rao and Morgan Ford.—Third Division.—Judges Mary H. Donlon, Scovel Richardson, and Frederick Landis.

BEFORE THE FIRST DIVISION, DECEMBER 27, 1965

No. 69716.-Abercrombie & Fitch Co. v. United States, protests

63/14621 and 64/22216 (New York). ORIGINAL MINIATURES—PARTS OF NATURAL PLANTS, DYED-WORKS OF ART_TRADE AGREEMENT.—Merchandise assessed at 32 percent ad valorem under the provision in paragraph 1518, Tariff Act of 1930, as modified by the Sixth Protocol to the General Agreement on Tariffs and Trade (T.D. 54108), for parts of natural plants, dyed, is claimed dutiable at 10 percent under the provision in paragraph 1547(a), as modified by the General Agreement on Tariffs and Trade (T.D. 51802), for works of art, not specially provided for.

Opinion by WILSON, J. In accordance with stipulation of counsel that the merchandise consists of original miniatures, valued at over $2.50 each, similar in all material respects to those the subject of $ Abercrombie & Fitch Company v. United States (49 CCPA 129, C.A.D. 808), the claim of the plaintiff was sustained. No. 69717.—Imported Merchandise Company v. United States, pro

tests 62/11480–12932, 62/2888–12742, and 62/18572–12978 (Chi

cago). RATTANCORE ARTICLES—BASKETS OF Wood-MANUFACTURES OF Wood—TRADE AGREEMENT.—Merchandise assessed at 421/2 percent ad valorem under the provision in paragraph 411, Tariff Act of 1930, as modified by the Sixth Protocol to the General Agreement on Tariff's and Trade (T.D. 54108), for baskets of wood is claimed dutiable at 1623 percent under the provision in paragraph 412, as modified by the

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Annecy Protocol to the General Agreement on Tariffs and Trade (T.D. 52373), supplemented by Presidential proclamation (T.D. 52476), for manufactures of wood, not specially provided for.

Opinion by NICHOLS, J. In accordance with stipulation of counsel that the merchandise consists of rattancore paper plate holders, wheelbarrows, or napkin holders similar in all material respects to those the subject of Abstract 68437, the claim of the plaintiff was sustained.

BEFORE THE SECOND DIVISION, DECEMBER 27, 1965 No. 69718.—Borneo Sumatra Trading Co., Inc. v. United States,

protests 60/8342, 61/8488, and 61/12597 (New York). COTTON CLOTH-WATERPROOF COTTON CLOTH-TRADE AGREEMENT.Merchandise assessed at the respective rate or rates applicable to cotton cloth in paragraph 904(c), Tariff Act of 1930, as modified, is claimed dutiable at 11 percent under the provision in paragraph 907, as modified by the General Agreement on Tariffs and Trade (T.D. 51802), supplemented by Presidential proclamation (T.D. 54399), for waterproof cotton cloth.

Opinion by Rao, C.J. In accordance with stipulation of counsel that the merchandise consists of waterproof cloth similar in all material respects to that the subject of United States v. D. H. Grant & Co., Inc. (47 CCPA 20, C.A.D. 723), the claim of the plaintiff was sustained. No. 69719.-S. H. Kress & Co. v. United States, protests 58/25652, etc.

(Los Angeles). BATTERY-OPERATED LANTERNS-METAL HOUSEHOLD UTENSILISELECTRICAL ELEMENT OR DEVICE—TRADE AGREEMENT.—Merchandise assessed at 19 or 18 percent ad valorem, depending upon the date of entry, under the provision in paragraph 339, Tariff Act of 1930, as modified by the Sixth Protocol to the General Agreement on Tariffs and Trade (T.D. 54108), for metal household utensils is claimed dutiable at 1334 percent under the provision in paragraph 353, as modified by the Torquay Protocol to the General Agreement on Tariffs and Trade (T.D. 52739), for articles having as an essential feature an electrical element or device.

Opinion by Rao, C.J. In accordance with stipulation of counsel that the articles of merchandise consist of battery-operated lanterns which contain as an essential feature an electrical element or device; that they are not illuminating articles, lighting fixtures, or lamps; and that they do not contain heating elements, the claim of the plaintiff was sustained.

BEFORE THE FIRST DIVISION, DECEMBER 28, 1965

No. 69720.--Etta Hat Co. v. United States, protests 60/15784 and

64/74 (New York). HEADDRESSES-ARTIFICIAL LEAVES-HATS IN PART OF BRAID TRADE AGREEMENT.—Merchandise assessed at 50 percent ad valorem under the provision in paragraph 1518, Tariff Act of 1930, as modified by the Japanese Protocol to the General Agreement on Tariffs and Trade (T.D.53865), supplemented by Presidential proclamation (T.D. 53877), for artificial leaves is claimed dutiable at 45 percent under the provision in paragraph 1529(a), as modified by the supplementary trade agreement with Switzerland (T.D. 53832), for hats in part of braid.

Opinion by Wilson, J. In accordance with stipulation of counsel that the merchandise consists of headdresses similar in all material respects to those the subject of Novik & Co., Inc. v. United States (45 Cust. Ct. 183, C.D. 2221), the claim of the plaintiff was sustained. No. 69721.-Williams, Clarke Co. and Tokyo Int. Commercial Co.,

Inc. v. United States, protest 63/8092 (Los Angeles). FISH, FRESH OR FROZEN-FISH, PREPARED OR PRESERVED, Not SPECIALLY PROVIDED FOR-TRADE AGREEMENT.-Merchandise assessed at 242 cents per pound under paragraph 717(b), Tariff Act of 1930, as fish, fresh or frozen, not specially provided for, is claimed dutiable at 1 cent per pound under the provision in paragraph 720(b), as modified by the General Agreement on Tariffs and Trade (T.D. 51802), for fish, prepared or preserved, not specially provided for, in immediate containers, weighing with their contents more than 15 pounds each.

Opinion by WILSON, J. In accordance with stipulation of counsel that the merchandise consists of fish blocks similar in all material respects to those the subject of The Lee Herrmann Co., a/c The Coldwater Seafood Corp. v. United States (43 Cust. Ct. 49, C.D. 2101), the claim of plaintiffs was sustained.

BEFORE THE SECOND DIVISION, DECEMBER 28, 1965 No. 69722.—Toyama & Co. and Dorf International, Ltd. v. United

States, protest 65/1599 (New York). PROTEST UNTIMELY—No APPEARANCE.When this case was called for trial, there was no appearance by the plaintiffs and counsel for the defendant moved to dismiss the protest for lack of prosecution.

Opinion by FORD, J. An examination of the papers in the case showing that the protest was not filed within the 60-day period provided by section 514, Tariff Act of 1930, the protest was dismissed as untimely.

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