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PAPER CUTTERS-Continued

ELECTRICAL: MACHINES, NOT PROVIDED FOR-Continued

372, and the motors were separately classifiable under the eo nomine
provision for "motors" in par. 353. Consolidated International Equip-
ment & Supply Co., C.D. 2671_-

WITH ELECTRIC MOTORS; ENTIRETIES, DOCTRINE OF (see PAPER CUT-
TERS, ELECTRICAL; MACHINES, NOT SPECIALLY PRO-
VIDED FOR, C.D. 2671).

PARTS
OF ARTICLES

Automobile parts (see AUTOMOBILES, PARTS OF; ENGINES,
PARTS OF INTERNAL-COMBUSTION, C.D. 2635).
Classification by; where no provision for parts (see GLASSWARE,
DECORATED; TABLE OR HOUSEHOLD ARTICLES, C.D.
2670).
Internal-combustion engine parts (see AUTOMOBILES, PARTS OF;
ENGINES, PARTS OF INTERNAL-COMBUSTION, C.D.
2635).

Not provided for; table or household articles (see GLASSWARE,
DECORATED; TABLE OR HOUSEHOLD ARTICLES, C.D.
2670).

V. articles in unfinished condition (see GLASSWARE, DECORATED; TABLE OR HOUSEHOLD ARTICLES, C.D. 2670). REPLACEMENT; NOT INTEGRAL PART OF ENTIRETY (see FURNACES, MELTING; MACHINES, NOT SPECIALLY PROVIDED FOR, C.D. 2644).

PERSONAL DELIVERY, WHAT CONSTITUTES

APPRAISEMENT, NOTICE OF (see APPRAISEMENT, VOID; NOTICE
OF DELIVERY, C.D. 2614).

PIGMENTS, NOT SPECIALLY PROVIDED FOR

PAINTS OR STAINS (see USE, SPECIFIC V. GENERAL DESIGNATION; PAINTS OR STAINS CONTAINING ALCOHOL, C.D. 2606).

PISTOLS

ENTIRETIES (see ENTIRETIES, DOCTRINE OF; MERCHANDISE
SEPARATELY ENTERED OR IMPORTED, C.D. 2645).

Parts of; BARRELS AND FRAMES (see ENTIRETIES, DOCTRINE OF;
MERCHANDISE SEPARATELY ENTERED OR IMPORTED,
C.D. 2645).

PLANTERS, HANGING

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

MUGS, EARTHENWARE

DONLON, J.-Certain plastic mugs, classified as "nonenumerated manufactured articles," dutiable under par. 211, Tariff Act of 1930, by virtue of the similitude provision of par. 1559, were claimed to be classifiable under par. 1558, as "nonenumerated manufactured articles," but without operation of the similitude provision. Overruling the protest, the court held that the plastic mugs, concedely nonenumerated manufactured articles that are similar in use to earthenware mugs, an article enumerated in par. 211, were properly classified under par. 211, by similitude in use to such earthenware mugs, notwithstanding they are of plastic materials which do not have a nonvitrified absorbent body.

NICHOLS, J.-Concurring-There is no language in par. 211, exclusionary of similitude classification, and no authority holding that par. 211 is exclusionary.

RICHARDSON, J.-Dissenting-The imported merchandise does not have a nonvitrified absorbent body, and not meeting the statutory specifications, must be excluded from classification under par. 211, and should be classified under par. 1558, as a "nonenumerated article, not specially provided for." National Silver Co., C.D. 2666___

Appealed to U.S. Court of Customs and Patent Appeals, Appeal

5259.

NONENUMERATED MANUFACTURED ARTICLES (see PLASTIC MUGS;
MUGS, EARTHENWARE, C.D. 2666).

Page

442

401

PLYWOOD

CROWNBOARD (see PLYWOOD; HARDBOARD CORES WITH LA-
UAN VENEERS, C.D. 2624).

HARDBOARD CORES WITH LAUAN VENEERS

Merchandise consisting of layers of veneer with a hardboard core, was improperly classified as "plywood" under par. 405, Tariff Act of 1930. Inasmuch as the hardboard cost was greater than that of the other components of the merchandise, the court found that it was in chief value of hardboard, and following decisions holding that hardboard is a type of pulpboard made of wood pulp, held the merchandise was classifiable under par. 1403, Tariff Act of 1930, as "manufactures of pulp, not specially provided for." Borneo Sumatra Trading Co., C.D. 2624)PREMATURE PROTESTS

PROTESTS, TIMELINESS OF (see PROTESTS, TIMELINESS OF; PRESI-
DENTIAL PROCLAMATION, INVALID, C.D. 2621).

PRESIDENTIAL PROCLAMATION, INVALID

PROTESTS, TIMELINESS OF (see PROTESTS, TIMELINESS OF; PRESI-
DENTIAL PROCLAMATION, INVALID, C.D. 2621).

PRESSERS, FRUIT

ELECTRICAL ELEMENT OR DEVICE (see MACHINES, NOT SPECIALLY
PROVIDED FOR; PRESSERS, FRUIT, C.D. 2610).

MACHINES, NOT SPECIALLY POVIDED FOR (see MACHINES, NOT
SPECIALLY PROVIDED FOR; PRESSÈRS, FRUIT, C.Ó. 2610).

PRESSES

HIGH PRESSURE; MACHINES

Certain high pressure presses, imported with drive motors, were
classified under par. 353, Tariff Act of 1930, as "articles having as an
essential feature an electrical element or device.". Inasmuch as the
electrical motors were readily removable and a source of power other
than electricity could be substituted without substantial modifica-
tion, the court held that the importations were not classifiable under
par. 353. Rather, the presses fall within the provision for "ma-
chines" contained in par. 372, Tariff Act of 1930, and the motors
accompanying the imported presses are properly subject to classifi-
cation under the eo nomine provision for "motors" in par. 353.
hold Ceramics, Inc., C.D. 2668_.

Arn

WITH ELECTRIC MOTORS; ENTIRETIES, DOCTRINE OF (see PRESSES,
HIGH PRESSURE; MACHINES, C.D. 2668).

PRESUMPTION OF CORRECTINESS

ABANDONMENT OF COLLECTOR'S CLASSIFICATION (see KNIFE, HUNT-
ING, MINIATURE; METALS, MANUFACTURES OF, C.D.
2686).

BURDEN OF PROOF (see TRANSPARENCIES; LITHOGRAPHIC
ARTICLES, C.D. 2698).

COLLECTOR'S CLASSIFICATION (see TRANSPARENCIES; LITHO-
GRAPHIC ARTICLES, C.D. 2698).

NEWLY CLAIMED CLASSIFICATION (see VINE LEAVES IN BRINE;
EDIBLE PREPARATIONS FOR HUMAN CONSUMPTION,
C.D. 2665).

NOTICE OF APPRAISEMENT (see APPRAISEMENT, VOID; NOTICE
OF DELIVERY, C.D. 2614).

OFFICIAL ACTS (see FROSTINGS, GLASS; FROSTINGS, GROUND
OR PULVERIZED, C.D. 2604).

OFFICIAL ACTS (see MOTIONS FOR REHEARING; EVIDENCE,
SUFFICIENCY OF, C.D. 2697).

OVERCOME BY SAMPLES AND PICTURES (see WOOD, MANUFACTURES
OF; BASKETS, C.D. 2662).

PROTESTS

AMERICAN MANUFACTURE'S; TIMEPIECE MOVEMENTS (see TIMEPIECE
MOVEMENTS; CLOCKS OR CLOCK MOVEMENTS, C.D. 2612).
COLLATERAL SUPPORT FOR, INSUFFICIENT

The subject protests were insufficient for they failed to convey what
the protestant had in mind as to the correct classificatoin. The col-
lateral information submitted to the collector five months after the
dates of filing the protests, whatever its inherent worth, was held not
to supply the sufficiency required under sec. 514, Tariff Act of 1930,

Page

166

416

PROTESTS-Continued

COLLATERAL SUPPORT FOR, INSUFFICIENT-Continued

for the rule is that at the time of making its protest, the protestant must sufficiently convey to the collector the particular objection it has in mind. Import Motors of Chicago, Inc., Abstract 69794.. CONTENT OF; SUFFICIENCY AT TIME OF MAKING (see PROTESTS, COLLATERAL SUPPORT FOR, INSUFFICIENT, Abstract 69794). DISMISSAL OF; DUTIES, NONPAYMENT OF INCREASED (see JURISDICTION OF U.S. CUSTOMS COURT; DUTIES, NONPAYMENT OF UPON GOODS WITHDRAWN FROM WAREHOUSE, C.D. 2660). PREMATURE; LIQUIDATION VOID (see PROTESTS, TIMELINESS OF; PRESIDENTIAL PROCLAMATION, INVALID, C.D. 2621). SUFFICIENCY OF

Certain protests which disclosed only the numbers and dates of the entries together with statements that the protests were filed "on the basis of classification of merchandise," were dismissed for noncompliance with the provisions of sec. 514, Tariff Act of 1930, in that the collector was not fully informed as to all the essential facts relating to the objections of the protestants herein. Wieboldt International Div. Wieboldt Stores, Inc., C.D. 2626_

SUFFICIENCY OF (see FACEMASKS; RUBBER, MANUFACTURES
OF, C.D. 2613).

SUFFICIENCY OF (see PROTESTS, COLLATERAL SUPPORT FOR,
INSUFFICIENT, Abstract 69794).

SUFFICIENCY OF; INCONSISTENT CLAIMS (see AUTOMOBILES, PARTS
OF INTERNAL-COMBUSTION ENGINES, PARTS OF, C.D.
2635).

TIMELINESS OF

Collector's report; presumption of correctness (see PROTESTS, TIME-
LINESS OF; MOTIONS TO DISMISS, C.D. 2632).

Court's power to determine (see PROTESTS, TIMELINESS OF;
MOTIONS TO DISMISS, C.D. 2632).

Due diligence (see MOTIONS FOR REHEARING; EVIDENCE,
SUFFICIENCY OF, C.D. 2697).

Entry papers unavailable (see PROTESTS, TIMELINESS OF;
MOTIONS TO DISMISS, C.D. 2632).

Jurisdiction of U.S. Customs Court (see PROTESTS, TIMELINESS
OF; MOTIONS TO DISMISS, C.D. 2632).
Motions to dismiss

An earlier order, denying motions to dismiss the protests on the
grounds of untimeliness, which stated that it appeared the pro-
tests were filed within 60 days from the date when the official pa-
pers were available for inspection by plaintiff's attorneys, was held
to have decided that the protests were timely, and not to have found
that there was a factual dispute reserved for the trail.

The order was held to have established the law of the case to the
degree that a party seeking to retry the issue would have to move
to vacate it and introduce evidence to show that it should be va-
cated. General Petroleum Corp., C.D. 2632-

Premature protests (see PROTESTS, TIMELINESS OF; PRESI-
DENTIAL PROCLAMATION, INVALID, C.D. 2621).
Presidential proclamation, invalid

A liquidation based on a Presidential proclamation (No. 3211,
72 Stat., part 2, ch. 14, T.D. 54493) held to be unauthorized by
law in Falcon Sales Company, et al. v. United States, 47 Cust. Ct.
129, C.D. 2292, appeal dismissed 49 C.C.P.A. 139, is defective or
invalid to the extent that it fails to start running the 60-day period
provided in sec. 514, Tariff Act of 1930, for the filing of protests.
Plaintiff requested a reliquidation after the decision in Falcon
Sales Company, et al. v. United States, supra, and protested the
refusal of the collector to reliquidate. Following United States
v. C. O. Mason, Inc., et al., 51 C.C.P.A. 107, C.A.D. 844, Cert.
denied 379 U.S. 99, the court said that the liquidation being void,
the collector is still legally obligated to liquidate. Accordingly,
inasmuch as the collector has not done so, it was held that the
60-day rule is inapplicable, the liquidation defective, the protest

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PROTESTS-Continued
TIMELINESS-Continued

Presidential proclamation, invalid-Continued

premature, and that it is the duty of the collector to make a valid
liquidation in accordance with law. Cajo Trading, Inc., C.D.
2621-

Reliquidation, collector's refusal of (see PROTESTS, TIMELINESS
OF; PRESIDENTIAL PROCLAMATION, INVALID, C.D.
2621).

When issue may be raised (see PROTESTS, TIMELINESS OF;
MOTIONS TO DISMISS, C.D. 2632).

PULP, MANUFACTURES OF, NOT SPECIALLY PROVIDED FOR;

HARDBOARD

CORES WITH LAUAN VENEERS (see PLYWOOD; HARDBOARD CORES
WITH LAUAN VENEERS, C.D. 2624).

VENEERED (see PLYWOOD; HARDBOARD CORES WITH LAUAN
VENEERS, C.D. 2624).

PUMPS, BICYCLE

MACHINES, NOT SPECIALLY PROVIDED FOR

NICHOLS, J.-Certain bicycle pumps, classified as "articles of metal" under par. 397, Tariff Act of 1930, were properly dutiable as claimed, as "machines, not specially provided for," under par. 372. Legislative history shows that Congress intended pumps, such as the subject ones, to be classified as "machines."

RAO, C. J.-Concurring-on the basis of decisions of the Court of Customs and Patent Appeals, which liberally interpret the term "machine," so as to include the subject pump.

FORD, J.-Dissenting for the reason that there is no indication
that Congress intended to include all pumps of whatever variety
within the machine category. Also, the witness for plaintiff was not
qualified to testify as to facts bringing the subject pump within the
term "machine." Victoria Distributors, Inc., C.D. 2639-
METALS, MANUFACTURES OF, NOT SPECIALLY PROVIDED FOR (see PUMPS,
BICYCLE; MACHINES, NOT SPECIALLY PROVIDED FOR,
C.D. 2639).

RAW OR NONENUMERATED UNMANUFACTURED ARTICLES
VINE LEAVES IN BRINE (see VINE LEAVES IN BRINE; EDIBLE
PREPARATIONS FOR HUMAN CONSUMPTION, C.D. 2665).
RECORD, INCORPORATION OF

EVIDENCE, SUFFICIENCY OF (see FERROSILICON;
SLUDGE CONTAINING SILICON, C.D. 2623).

ABRASIVE

SIMILARITY OF SUBJECT MATTER (see AUTOMOBILES, PARTS OF;
INSERT BEARINGS, C.D. 2643).

REFUND, CLAIM FOR

MERCHANDISE LANDED BUT NOT FOUND

DONLON, J.-Plaintiff's application for refund of duties on six bales of wool that were discovered missing from a bonded warehouse was denied by the collector because it was not timely filed in accordance with sec. 15.1(a), Customs Regulations of 1954. The court, applying the principles that tariff duties accrue on merchandise at the time it crosses the customs line and that exemption from the payment of duties on merchandise lost or destroyed must be founded upon express statute or regulations, found that there was no statutory relief for duties on merchandise missing after it passes the customs line except for merchandise missing from the appraiser's stores. Therefore, inasmuch as the subject claim was filed with respect to landed merchandise later found to be missing from a bonded warehouse, the court held there was no statutory or regulatory authority for such a claim and overruled the protest.

RICHARDSON, J.-Dissenting-Citing sec. 15.8(a), of the Customs
Regulations, would have sustained the protest upon the grounds
that the merchandise was not imported in the sense that it has not
entered the commerce of the country through the control or negli-
gence of the importer. The Trading Company of Afghanistan, Inc.,
C.D. 2605_ --

TIMELINESS OF (see REFUND, CLAIM FOR; MERCHANDISE
LANDED BUT NOT FOUND, C.D. 2605).

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143

284

9

REGULATIONS, COMPLIANCE WITH

SCRAP METAL FOR REMANUFACTURE ONLY (see SCRAP METAL; ALU-
MINUM INGOTS, C.D. 2609).

REHEARING GRANTED

DRAWTWISTER MACHINES (see DRAWTWISTER MACHINES, PARTS OF; MACHINERY, TEXTILE, EXCEPT FILAMENT, Abstract 69811).

RELATIVE SPECIFICITY

ALL ARTICLES OF EVERY DESCRIPTION V. MANUFACTURES OF (see GLASS-
WARE, DECORATED; TABLE OR HOUSEHOLD ARTICLES,
C.D. 2670).

EO NOMINE V. GENERAL DESCRIPTION (see FISH, PREPARED OR
PRESERVED; TUNA FISH, COOKED AND FROZEN, C.D.
2690).
FERROSILICON V. CRUDE MINERAL SUBSTANCES (see FERROSILICON;
ABRASIVE SLUDGE CONTAINING SILICON, C.D. 2623).
RULE OF, WHEN APPLICABLE (see EARTHENWARE, MANUFACTUR-
ES OF; GREENHOUSE STOCK, C.D. 2663).

USE, SPECIFIC V. GENERAL DESIGNATION (see USE, SPECIFIC V.
GENERAL DESIGNATION; PAINTS OR STAINS CONTAIN-
ING ALCOHOL, C.D. 2606).

RELIGIOUS ARTICLES

USE, UTILITARIAN (see HOUSEHOLD UTENSILS; MENORAH CAN-
DELABRA, C.D. 2611).

RELIQUIDATION, COLLECTOR'S REFUSAL OF

PROTEST, TIMELINESS OF (see PROTESTS, TIMELINESS OF; PRESI-
DENTIAL PROCLAMATION, INVALID, C.D. 2621).

REMAND TO SINGLE JUDGE

APPRAISEMENT, VOID (see APPRAISEMENT, VOID; NOTICE OF
DELIVERY, C.D. 2614).

LIQUIDATION, PREMATURE (see MACHINES, NOT SPECIALLY PRO-
VIDED FOR; PRESSERS, FRUIT, C.D. 2610).

RUBBER, MANUFACTURES OF

FACEMASKS (see FACEMASKS; RUBBER, MANUFACTURES OF,
C.D. 2613).

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POTENT WITNESS; BASKET (see SLED, RATTANCORE; WOOD, MANU-
FACTURES OF, C.D. 2702).

SAWS, CIRCULAR

DADOS (see DADOS; SAWS, CIRCULAR, C.D. 2689).

ENTIRETIES, DOCTRINE OF (see DADOS, SAWS, CIRCULAR, C.D. 2689).

SCRAP, METAL

ALUMINUM INGOTS

In order to bring his merchandise within the statutory definition of "metal scrap" (Public Law 81-869) an importer must present evidence to show that the merchandise had its origin in materials or articles which were "second-hand waste or refuse, or are obsolete, defective, or damaged," and must establish that it is fit only to be remanufactured. Therefore, inasmuch as there was an absence of proof as to these issues, the protests were overruled and the subject merchandise, consisting of aluminum ingots was held to have been properly classified under par. 374, Tariff Act of 1930. Alloys & Chemicals Co., Inc., et al., C.D. 2609

FOR REMANUFACTURE ONLY; REGULATIONS, COMPLIANCE WITH (see
SCRAP, METAL; ALUMINUM INGOTS, C.D. 2609).
WHAT CONSTITUTES (see SCRAP, METAL; ALUMINUM INGOTS,
C.D. 2609).

SCREWDRIVERS

EO NOMINE DESIGNATION (see SCREWDRIVERS, ILLUMINATED;
SCREWDRIVERS, C.D. 2703).

ENTIRETY, DOCTRINE OF (see SCREWDRIVERS, ILLUMINATED;
SCREWDRIVERS, C.D. 2703).

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