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No. 69723.-Cavalier Mica Corporation v. United States, protest

65/2144 (New York). PROTEST UNTIMELY-No APPEARANCE.—When this case was called for trial, there was no appearance by the plaintiff 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. No. 69724.—Dorf International, Ltd. v. United States, protests 65/7658

and 65/7659 (New York). PROTESTS UNTIMELY—No APPEARANCE.- When this case was called for trial, there was no appearance by the plaintiff and counsel for the defendant moved to dismiss the protests for lack of prosecution.

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

BEFORE THE FIRST DIVISION, DECEMBER 29, 1965 No. 69725.--Colonial Process Supply Co., Inc., et al. v. United States,

protests 65/1959, etc. (New York). VULKOLLAN STRIPS-COAL-TAR SYNTHETIC RESIN–MANUFACTURES OF INDIA RUBBER—SIMILITUDE—TRADE AGREEMENT.—Merchandise assessed at 3.1 cents per pound and 20 percent ad valorem under the provision in paragraph 28(a), Tariff Act of 1930, as modified by T.D. 55615, supplemented by T.D. 55649, for coal-tar synthetic resin is claimed dutiable at 121,2 percent under the provision in paragraph 1537(b), as modified by the Japanese Protocol to the General Agree

) ment on Tariffs and Trade (T.D.53865), supplemented by Presidential proclamation (T.D. 53877), for manufactures of india rubber, other, by similitude under paragraph 1559, as amended.

Opinion by Wilson, J. In accordance with stipulation of counsel that the merchandise consists of Vulkollan strips similar in all material respects to those the subject of Ilensel, Bruckmann & Lorbacher, Inc. v. United States (53 Cust. Ct. 212, C.D. 2498), the claim of the plaintiff's was sustained.

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BEFORE THE SECOND DIVISION, DECEMBER 29, 1965 No. 69726.— The Waller Corporation v. United States, protests

63/11692-13528, etc. (Chicago). EARPHONES-ELECTRICAL ARTICLES-PARTS OF ELECTRICAL Radio APPARATUS_TRADE AGREEMENT.-Merchandise assessed at 15 percent

ad valorem under the provision in paragraph 353, Tariff Act of 1930, as modified by the General Agreement on Tariffs and Trade (T.D. 51802), for articles suitable for producing, rectifying, modifying, controlling, or distributing electrical energy is claimed dutiable at 1212 percent under the provision in said paragraph, as modified by the Torquay Protocol to the General Agreement on Tariffs and Trade (T.D.52739), for parts of electrical radio apparatus.

Opinion by FORD, J. In accordance with stipulation of counsel that the merchandise consists of radio earphones similar in all material respects to those the subject of Abstract 69019, the claim of the plaintiff was sustained. No. 69727.—The Waller Corporation et al. v. United States, protests

64/1245–13946, etc. (Chicago). EARPHONES-ELECTRICAL ARTICLES-PARTS OF ELECTRICAL RADIO APPARATUS—TRADE AGREEMENT.—Merchandise assessed at 15 percent ad valorem under the provision in paragraph 353, Tariff Act of 1930, as modified by the General Agreement on Tariffs and Trade (T.D. 51802), for articles suitable for producing, rectifying, modifying, controlling, or distributing electrical energy is claimed dutiable at 121/2 percent under the provision in said paragraph, as modified by the Torquay Protocol to the General Agreement on Tariffs and Trade (T.D. 52739), for parts of electrical radio apparatus.

Opinion by FORD, J. In accordance with stipulation of counsel that the merchandise consists of radio earphones similar in all material respects to those the subject of Abstract 69019, the claim of the plaintiffs was sustained. No. 69728.—Waller Corporation et al. v. United States, protests

64/19349–14489, etc. (Chicago). EARPHONES-ELECTRICAL ARTICLES-PARTS OF ELECTRICAL RADIO APPARATUS—TRADE AGREEMENT.—Merchandise assessed at 15 percent ad valorem under the provision in paragraph 353, Tariff Act of 1930, as modified by the General Agreement on Tariffs and Trade (T.D. 51802), for articles suitable for producing, rectifying, modifying, controlling, or distributing electrical energy is claimed dutiable at 121, percent under the provision in said paragraph, as modified by the Torquay Protocol to the General Agreement on Tariffs and Trade (T.D. 52739), for parts of electrical radio apparatus.

Opinion by Ford, J. In accordance with stipulation of counsel that the merchandise consists of radio earphones similar in all material respects to those the subject of Abstract 69019, the claim of the plaintiff's was sustained.

No. 69729.-Overton & Co. v. United States, protest 65/2931 (New

York). PROTEST UNTIMELY—No APPEARANCE.—When this case was called for trial, there was no appearance by the plaintiff, 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.

BEFORE THE FIRST DIVISION, JANUARY 4, 1966 No. 69730.—Colonial Process Supply Co. v. United States, protests

63/9142, etc. (New York). VULKOLLAN STRIPS-COAL-TAR SYNTHETIC RESIN OR RESIN-LIKE PRODUCTS—MANUFACTURES OF INDIA RUBBER-TRADE AGREEMENT.Merchandise assessed at 312 cents per pound and 2212 percent ad valorem under the provision in paragraph 28(a), Tariff Act of 1930. as modified by the supplemental trade agreement with Switzerland (T.D. 53832), for coal-tar synthetic resin or resin-like products is claimed dutiable at 121,2 percent under the provision in paragraph 1537(b), 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 manufactures of india rubber, other, by similitude under paragraph 1559, as amended.

Opinion by Wilson, J. In accordance with stipulation of counsel that the merchandise consists of Vulkollan strips similar in all material respects to those the subject of Hensel, Bruckmann & Lorbacher. Inc. v. United States (53 Cust. Ct. 212, C.D. 2498), the claim of the plaintiff was sustained.

BEFORE THE SECOND DIVISION, JANUARY 5, 1966 No. 69731.–Alfred William Thacker, dba A. W. Thacker Co., and

J. T. Steeb & Co. v. United States, protest 64/8062 (Portland,

Oreg.). PROTEST UNTIMELY—No APPEARANCE.-When this case was called for trial, there was no appearance on behalf of the plaintiffs, and the defendant moved to dismiss the protest as untimely.

Opinion by Rao, C.J. Since the protest was filed more than 60 days after liquidation, it was dismissed as untimely, by virtue of section 514, Tariff Act of 1930.

BEFORE THE SECOND DIVISION, JANUARY 6, 1966 No. 69732.—Varco, Inc. v. United States, protest 63/21032 (New

York). ELECTRIC COFFEE GRINDERS—METAL HOUSEHOLD UTENSILS—ELECTRICAL ELEMENT OR DEVICE-TRADE AGREEMENT.—Merchandise assessed at 17 percent ad valorem 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 merchandise consists of electric food grinding machines, composed in chief value of metal, having as an essential feature an electrical element or device, and that the issues involved herein are analogous to those in Bruce Duncan Company, a/c Sims-Worms v. United States (45 Cust. Ct. 85, C.D. 2202), and United States v. Electrolux Corporation (46 CCPA 143, C.A.D. 718), the claim of the plaintiff was sustained. No. 69733.--Gosho Trading Company, Inc. v. United States, protest

65/9650-122 (Chicago). PROTEST UNTIMELY—No APPEARANCE. When this case was called for trial, there was no appearance by the plaintiff, 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.

BEFORE THE SECOND DIVISION, JANUARY 11, 1966 No. 69734.-J. C. De Jong & Co., Inc. v. United States, protests

59/31025, 60/5948, and 61/607 (New York). BRASS POLE RINGSMETAL ARTICLES-HOUSEHOLD UTENSILS-TRADE AGREEMENT.—Merchandise assessed at 20 or 19 percent ad valorem, depending upon the date of entry, under the provision in paragraph 397, Tariff Act of 1930, as modified by the Sixth Protocol to the General Agreement on Tariffs and Trade (T.D. 54108), for articles or wares, not specially provided for, composed wholly or in chief value of brass, is claimed dutiable at 1312 or 121/2 percent, depending upon the date of entry, under the provision in paragraph 339, as modified, supra, for household utensils, not specially provided for, composed wholly or in chief value of brass.

Opinion by Rao, C.J. In accordance with stipulation of counsel that the merchandise consists of brass pole rings similar in all material respects to those the subject of Kroder Reubel Co., Inc., et al. v. United States (44 Cust. Ct. 274, C.D. 2186), the claim of the plaintiff was sustained. No. 69735.-Robert Bosch Corp. v. United States, protest 60/20624

(New York). SPARK

Plugs—PARTS OF AUTOMOBILES—PARTS OF INTERNALCOMBUSTION ENGINES OF THE CARBURETOR TYPE-TRADE AGREEMENT.Merchandise assessed at 11 percent ad valorem under the provision in paragraph 369 (c), Tariff Act of 1930, as modified by the Sixth Proctocol to the General Agreement on Tariffs and Trade (T.D. 54108), for parts of automobiles is claimed dutiable at 834 percent under the provision in paragraph 353 or 372, as modified by the Torquay Protocol to the General Agreement on Tariffs and Trade (T.D. 52739), for parts of internal-combustion engines of the carburetor type.

Opinion by Rao, C.J. In accordance with stipulation of counsel that the merchandise consists of spark plugs similar in all material respects to those the subject of Lodge Spark Plug Co. v. United States (49 Cust. Ct. 158, C.D. 2379), the claim of the plaintiff was sustained. No. 69736.-Kaiser Reismann Corp. v. United States, protests 65/7238

and 65/7240 (New York). SYNTHETIC FILAMENTS—BRISTLES—SIMILITUDE—TRADE AGREEMENT.-Merchandise assessed at 20 percent ad valorem under the provision in paragraph 1301, Tariff Act of 1930, as modified, for synthetic filaments or at 15 percent under paragraph 1302, as modified, is claimed dutiable at 3 cents per pound under paragraph 1507 of the act as bristles, sorted, bunched, or prepared, by virtue of the similitude provision of paragraph 1559, as amended.

Opinion by Ford, J. In accordance with stipulation of counsel that the merchandise consists of perlon filaments similar in all material respects to the synthetic filaments the subject of Empire Brushes, Inc., et al. v. United States (42 Cust. Ct. 145, C.D. 2078), the claim of the plaintiff was sustained.

BEFORE THE SECOND DIVISION, JANUARY 13, 1966 No. 69737.—Van Oppen & Co., Inc. v. United States, protest 65/7359

(New York). PROTEST UNTIMELY—No APPEARANCE.—When this case was called for trial, there was no appearance on behalf of the plaintiff, and defendant moved to dismiss the protest for lack of prosecution.

Opinion by Rao, C.J. It appearing from the official papers that the protest was filed more than 60 days after liquidation, it was dismissed as untimely, by virtue of section 514, Tariff Act of 1930.

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