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555

ILLUMINATED

SCREWDRIVER-Continued
Flashlight (see SCREWDRIVERS, ILLUMINATED; SCREW-

DRIVERS, C.D.2703).
MORE THAN, RULE OF (see SCREWDRIVERS, ILLUMINATED;

DRIVERS, C.D. 2703).
ILLUMINATED; SCREWDRIVERS

The subject merchandise, invoiced as a “flashlight tool” and consisting of a flashlight component and screwdriver set, was held subject to classification, as an entirety, as a "screwdriver" under par. 396, Tariff Act of 1930. The court found that the individual components having no useful function until joined together, were improperly classified separately as a “flashlight” under par. 353, of said act, and as “screwdrivers and parts thereof” under par. 396, of said act.

Denying the claim for classification, as an entirety, as an "other article, having as an essential feature an electrical element or device" under par. 353, the court found that the importation was classifiable as an entirety as a “screwdriver” for, illumination notwithstanding, the article remained a device for turning screws, i.e., a screwdriver.

Astra Trading Corp., C.D. 2703 SCREWDRIVERS,

(see SCREWDRIVERS, ILLUMI-
NATED; SCREWDRIVERS, C.D. 2703).
USE, CLASSIFICATION BY (see SCREWDRIVERS, ILLUMINATED;

SCREWDRIVERS, C.D. 2703).
SERVICE, MANNER OF
NOTICE OF APPRAIS EM ENT (see APPRAISEMENT, VOID; NOTICE

OF DELIVERY, C.D. 2614).
SHAPES, STRUCTURAL STEEL
ADVANCED
Casings, steel (see STEEL CASINGS; SHAPES, STRUCTURAL

STEEL, ADVANCED, C.D. 2608).
Steel casings (see STEEL CASINGS; SHAPES, STRUCTURAL

STEEL, ADVANCED, C.D. 2608).
STEEL OR IRON; SHELF BRACKETS (see SHELF BRACKETS; METALS,

MANUFACTURES OF, NOT SPECIALLY PROVIDED FOR,

C.D. 2680).
SHELF BRACKETS
METALS, MANUFACTURES OF, NOT SPECIALLY PROVIDED FOR

Certain steel shelf brackets in angle form, were classified properly
as “manufactures of metal, not specially provided for” under par. 397,
Tariff Act of 1930. The claim for classification under par: 312, as
“angles or other structural shapes of iron or steel” was denied, for not-
withstanding the shelf brackets are in the shape and form of angles,
they are not angles which are structural shapes, i.e., their purpose and
function is to support a shelf and not a structure. West Coast Mer-

cantile Co., C.D. 2680. SHAPES, STRUCTURAL, STEEL OR IRON (see SHELF BRACKETS; ME

TALS, MANUFACTURES OF, NOT SPECIALLY PROVIDED

FOR, C.D. 2680).
STRUCTURAL SHAPES (see SHELF BRACKETS; METALS, MANU-

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

2680). SHOE MACHINERY ELECTRICAL ELEMENT OR DEVICE

A certain slush-molding machine, classified as an article having as an essential feature an electrical element or device" under par. 353, Tariff Act of 1930, was claimed to be entitled to entry free of duty as "shoe machinery” under par. 1643, of said act.

To fall within the provisions for shoe machinery, an article must be chiefly used in a manufacturing operation upon shoes. Chief use of the same class or kind of machinery, other than the imported unit, not having been shown, the court overruled the protest. E. Dillingham, Inc., C.D. 2664..

Appealed to U.S. Court of Customs and Patent Appeals, Appeal 5258.

466

392 Page

SHOE MACHINERY—Continued
USE
Chief (see SHOE MACHINERY; ELECTRICAL ELEMENT OR

DEVICE, C.D. 2664).
Classification by (see SHOE MACHINERY; ELECTRICAL ELE-

MENT OR DEVICE, C.D. 2664).
WHAT CONSTITUTES (see SHOE MACHINERY; ELECTRICAL ELE-

MENT OR DEVICE, C.D. 2664).
SHORTAGE
MERCHANDISE LANDED BUT NOT FOUND (see REFUND, CLAIM FOR;

MERCHANDISE LANDED BUT NOT FOUND, C.D. 2605).
SIMILITUDE
BY USE
Articles composed of different materials (see PLASTIC MUGS;

MUGS, EARTHENWARE, C.D. 2666).
Customs Simplification Act of 1954 (see PLASTIC MUGS; MUGS,

EARTHENWARE, C.D. 2666).
Exclusionary rule (see PLASTIC MUGS; MUGS, EARTHENWARE,

C.D. 2666).
CLASSIFICATION BY; EXCLUSIONARY RULE (see PLASTIC MUGS; MUGS,

EARTHENWARE, C.D. 2666).
SLED, RATTANCORE
Baskets, wood (see SLED, RATTANCORE; WOOD, MANUFAC-

TURES OF, C.D. 2702).
Wood, MANUFACTURES OF

The merchandise, which was invoiced as a bleached rattancore sled was classified as "baskets, wholly or in chief value of wood” under par. 411, Tariff Act of 1930, was claimed to be classifiable under par. 412, of said act, as “manufactures of wood, not specially provided for." Sustaining the protest on the authority of Royal Cathay Trading Co. et al. v. United States, 56 Cust. Ct. 371, C.D. 2662, the court found the sled was of such a shape that any use to hold, protect, or carry anything would be fugitive and marginal, and that most objects would fall out.

Imported Merchandise Company, C.D. 2702 -
SPONGES, PARTLY FINISHED
CELLULOS E COMPOUNDS (see CELLULOSE COMPOUNDS; SPONGES,

PARTLY FINISHED, C.D. 2615).
USE, CLASSIFICATION BY (see CELLULOSE COMPOUNDS; SPONGES,

PARTLY FINISHED, C.D. 2615).
STAINED GLASS WINDOWS
GLASS ARTICLES, COLORED

Selected pieces of stained flat glass were classified under par. 218(1), Tariff Act of 1930, as “articles of colored glass, not specially provided for.” Disagreeing with defendant's argument that the eo nomine provisions for stained glass windows in par. 1810 and par. 230, are limited to windows constructed of flat stained glass pieces which have the thickness and are bound by the binder that was traditional in 1930, for windows of stained glass, the court held the subject importations were "stained glass windows” and free of duty under par. 1810. V.

Rev. Kilian McGowan, C.P., Rector, C.D. 2673.
WORKS OF ART (see STAINED GLASS WINDOWS; GLASS ARTI-

CLES, COLORED, C.D. 2673).
STARE DECISIS, DOCTRINE OF
ABSENCE OF APPELLATE REVIEW (see KNIFE, HUNTING, MINIA-

TURE; METALS, MANUFACTURES OF, C.D. 2686).
STATUARY OR SCULPTURE
COPIES, REPLICAS, OR REPRODUCTIONS THEREOF (see WORKS OF ART,

PROOF OF; EXPERT TESTIMONY AS TÒ ARTISTIC MERIT,

C.D. 2628).
WORKS OF ART (see WORKS OF ART, PROOF OF; EXPERT TESTI-

MONY AS TO ARTISTIC MERIT, C.D. 2628).
STEEL CASINGS
SHAPES, STRUCTURAL STEEL, ADVANCED

The merchandise, consisting of limited service steel casings with beveled ends, was held dutiable under par. 312, Tariff Act of 1930, as

554

450

Page STEEL CASINGS-Continued SHAPES, STRUCTURAL STEEL, ADVANCED -Continued "'structural shapes not advanced beyond hammering, rolling, or casting,” rather than as they had been classified as "structural shapes, so advanced” under the same paragraph.

The court held that manipulations after rolling, such as cutting to remove excrescences, which are incident to making the rolled shape merchantable and fit for shipment, do not constitute an advance within the congressional intent. Accordingly, the protest was sustained. American Mannet Corp., C.D. 2608..

31 STIPULATION COMMERCIAL DESIGNATION (see PLYWOOD; HARDBOARD CORES

WITH LAUAN VENEERS, C.D. 2624).
OF COMMERCIAL DESIGNATION; PLYWOOD (see PLYWOOD; HARD-

BOARD CORES WITH LÁUAN VENEERS, C.D. 2624).
OF LAW, NOT BINDING ON COURT (see PLYWOOD; HARDBOARD

CORES WITH LAUAN VENEERS, C.D. 2624).
STOCK-TREATING PARTS
CENTRIFUGAL PULP SCREENS (see CENTRIFUGAL PULP SCREENS;

MACHINES, PAPER OR PULP-MAKING, C.D. 2681).
COWAN SCREENS (see CENTRIFUGAL PULP SCREENS; MA-

CHINES, PAPER OR PULP-MAKING, C.D. 2681).
EO NOMINE DESIGNATION (see CENTRIFUGAL PULP SCREENS;

MACHINES, PAPER OR PULP-MAKING, C.D. 2681).
STRUCTURAL SHAPES
ADVANCED, WHAT CONSTITUTE (see STEEL CASINGS; SHAPES,

STRUCTURAL STEEL, ADVANCED, C.D. 2608).
CASINGS (see TUBES, IRÓN OR STEEL, NOT SPECIALLY PRO-

VIDED FOR; TUBES, SEAMLESS STEEL, C.D. 2667).
CONGRESSIONAL INTENT (see SHELF BRACKETS; METALS, MAN-
UFACTURES OF, NOT SPECIALLY PROVIDED FOR,
C.D. 2680).
CONGRESSIONAL INTENT (see STEEL CASINGS; SHAPES, STRUC-

TURAL STEEL, ADVANCED, C.D. 2608).
Couplings (see TUBES, IRONOR STEEL, NOT SPECIALLY

PROVIDED FOR; TUBES, SEAMLESS STEEL, C.D. 2667).
SHELF BRACKETS (see SHELF BRACKETS; METALS, MANU-

FACTURES OF, NOT SPECIALLY PROVIDED FOR, C.D. 2680).
TUBES, SEAMLESS STEEL (see TUBES, IRON OR STEEL, NOT SPÉ-

CIALLY PROVIDED FOR; TUBES, SEAMLESS STEEL,
C.D. 2667).
TUBING (see TUBES, IRON OR STEEL, NOT SPECIALLY PRO-

VIDED FOR; TUBES, SEAMLESS STEEL, C.D. 2667).
USE, CLASSIFICATION BY (see SHELF BRACKETS; METALS, MAN-

UFACTURES OF, NOT SPECIALLY PROVIDED FOŃ, C.D.
2680).
USE, CLASSIFICATION BY (see TUBES, IRON OR STEEL, NOT
SPECIALLY PROVIDED FOR; TUBES, SEAMLESS STEEL,

C.D. 2667).
WHAT CONSTITUTE (see STEEL CASINGS; SHAPES, STRUCTURAL

STEEL, ADVANCED, C.D. 2608).
WHAT CONSTITUTE (see TÚBES, IRON OR STEEL, NOT SPECIALLY

PROVIDED FOR; TUBES, SEAMLESS STEEL, C.D. 2667).
SUMMARY OF TARIFF INFORMATION
1920; STRUCTURAL SHAPES (see SHELF BRACKETS; METALS,
MANUFACTURES OF, NOT SPECIALLY PROVIDED FOR,

C.D. 2680).
1921; TRIMMINGS (see BLOUSES WITH YOKES; WEARING AP-

PAREL, COTTON, NOT SPECIALLY PROVIDED FOR, Ab-
stract 69760).
1929
Candles (see DECORATED ARTICLES, EARTHENWARE;

CERAMIC CANDLE HOLDER, C.D. 2607).
Casks, barrels, and hogsheads (see CÁSKS, BARRELS, AND HOGS-

HEADS OF WOOĎ; PAILS, WOODEN, C.D. 2620).
230-401-66

64

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SUMMARY OF TARIFF INFORMATION—Continued
1929-Continued
Compounds containing titanium (see USE, SPECIFIC V. GENERAL

DESIGNATION; PAINTS OR STAINS CONTAINING AL

COHOL, C.D. 2606).
Decalcomania (see TRANSPARENCIES; LITHOGRAPHIC AR-

TICLES, C.D. 2698).
Ferrosilicon (see FERROSILICON; ABRASIVE SLI'DGE COX-

TAINING SILICON, C.D. 2623).
Furniture (see FURNITURE; WALL CABINETS, C.D. 2619).
Knives (see KNIFE, HUNTING, MINIATURE; METALS, MAN-

UFACTURES OF, C.D. 2686).
Locks and latches (see LOCKS, DISC TUMBLER; LOCKS, NOT

OF PIN TUMBLER OR CYLINDER CONSTRUCTION, C.D.

2669). Machine tools, parts of (see CUTTING TOOLS; MACHINES,

PARTS OF, C.D. 2616).
Measuring devices (see CYCLOMETERS, BICYCLE; MEAS-

URING DEVICES FOR DISTANCE, C.D. 2627).
Nursery and greenhouse stock (see EARTHENWARE, MANT-

FACTURES OF; GREENHOUSE STOCK, C.D. 2663).
Plywood (see PLYWOOD; HARDBOARD CORES WITH LAL'AN

VENEERS, C.D. 2624).
Pump and pumping equipment (see PUMPS, BICYCLE; MA-

CHINES, NOT SPECIALLY PROVIDED FOR, C.D. 2639). Sunshades (see WOOD SLATS, MOLDED; LUMBER, NOT FUR

THER ADVANCED THAŃ PLANED, C.D. 2704).
Trimmings (see BLOUSES WITH YOKES; WEARING APPAREL,

COTTON, NOT SPECIALLY PROVIDED FOR, Abstract
69760).
Tuna fish (see FISH, PREPARED OR PRESERVED; TUNA

FISH, COOKED AND FROZEN, C.D. 2690).
Wool waste (see CASHMERE GOAT HAIR; NOILS, CASH MERE,

C.D. 2631). Wool wastes and by-products (see CUTTINGS, CLOTH; WASTE,

NOT SPECIALLY PROVIDED FOR, C.D. 2629). 1948 Cast-iron fittings (see CAST-IRON FITTINGS; IRON-BODY

CLEANOUTS, C.D. 2640).
Decalcomania (see TRANSPARENCIES; LITHOGRAPHIC AR-

TICLES, C.D. 2698).
Ferrosilicon (see FERROSILICON; ABRASIVE SLUDGE CON-

TAINING SILICON, C.D. 2623).
Furniture (see FURNITURE; WALL CABINETS, C.D. 2619).
Knives (see KNIFE, HUNTING, MINIATURE; METALS, MAN-

UFACTURES OF, C.D. 2686).
Plywood (see PLYWOOD; HARDBOARD CORES WITH LAUAN

VENEERS, C.D. 2624).
Saws (see DADOS; SAWS, CIRCULAR, C.D. 2689).
Wooden barrels, casks, and hogsheads (see CASKS, BARRELS,

AND HOGSH EADS OF WOOD); PAILS, WOODEŃ, C.D. 2620).
SUNSHADES
WOODEN SLATs (see WOOD SLATS, MOLDED; LUMBER, NOT

FURTHER ADVANCED THAN PLANED, C.D. 2704).
SURGICAL INSTRUMENTS
ANESTHETIC APPARATUS (see FACEMASKS; RUBBER, MANUFAC-

TURES OF, C.D. 2613).
ELECTRONIC

CATHETER Classification of the merchandise, described as electronic amplifiers, or micromanometers, and transducer with catheter tip, was claimed under par. 353, Tariff Act of 1930, as “electrical therapeutic (including diagnostic) apparatus (other than laboratory)” rather than as had been classified, as "surgical instruments” under par 359.

The record showed that the apparatus is used to do heart catheterization, a procedure which introduces a catheter into the body through incision and manipulation, in hospitals, medical research laboratories

AMPLIFIER

OR

MICROMANOMETER

WITH

TIP

Page

256

SURGICAL INSTRUMENTS-Continued
ELECTRONIC AMPLIFIER OR MICROMANOMETER WITH CATHETER TIP-Con.
and by NASA. The court held that plaintiff did not sustain its bur-
den of proof for it appeared that the chief use may be in laboratories,
thus bringing the instruments within the exclusion specified in par.
353. Carmichael Forwarding Service, a/c Dallon's Laboratories, Inc.,
C.D, 2634.
Masks (see FACEMASKS; RUBBER, MANUFACTURES OF, C.D.

2613).
PARTS OF; FACEMASKS, INDIA RUBBER (see FACEMASKS; RUBBER,

MANUFACTURES OF, C.D. 2613).
USE, CLASSIFICATION BY (see SURGICAL INSTRUMENTS; ELEC-
TRONIC AMPLIFIER OR MICROMANOMETER WITH CATH-

ETER TIP, C.D. 2634).
TABLE OR HOUSEHOLD ARTICLES
GLASSWARE, DECORATED (see GLASSWARE, DECORATED; TABLE

OR HOUSEHOLD ARTICLES, C.D. 2670).
PARTS OF, NOT PROVIDED FOR (see GLASSWARE, DECORATED;

TABLE OR HOUSEHOLD ARTICLES, C.D. 2670).
Use, CLASSIFICATION BY (see GLASSWARE, DECORATED; TABLE

OR HOUSEHOLD ARTICLES, C.D. 2670).
TARIFF ACT OF 1930, PAR. 352
USE DESIGNATION BY (see CUTTING TOOLS; MACHINES, PARTS

OF, C.D. 2616).
TARIFF SCHEDULES OF UNITED STATES
PLYWOOD (see PLYWOOD; HARDBOARD CORES WITH LAUAN

VENEERS, C.D. 2624).
TARRED NYLON FISH NETS
NYLON, MANUFACTURES OF (see NYLON, MANUFACTURES OF;

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

FISH NETS, C.D. 2637).
"TEE NUTS"
Nurs, OF IRON OR STEEL

The subject merchandise, invoiced as “TEE NUTS”, composed of a single piece of metal and used to join component assemblies of wood together, was designed to replace a less efficient method of performing the same function with conventional nut, bolt and washer. Plaintiff claimed the merchandise was more than a “nut," and as such, beyond the ambit of par. 330, Tariff Act of 1930, as it had been classified.

However, the claim for classification as "manufactures of steel, not specially provided for" under par. 397, Tariff Act of 1930, was denied, for notwithstanding improvements and increased capabilities, the purpose of the "TEE NUT” as a holding device was preserved. United-Carr Fastener Corporation, C.D. 2648.-

Appealed to U.S. Court of Customs and Patent Appeals, Appeal
5256.
TEST FOR DETERMINING GROUNDNESS OF FRIT (see FROST-
INGS, GLASS; FROSTINGS, GROUND OR PULVERIZED, C.D.

2604).
TESTIMONY
HEARSAY; USE, EVIDENCE OF (see WOOD, MANUFACTURES OF;

BASKETS, C.D. 2662).
WEIGHT OF; OPINION WITHOUT FACTUAL FOUNDATION (see WOOD,

MANUFACTURES OF; BASKETS, C.D. 2662).
TIME-KEEPING OR TIME-INDICATING DEVICES
WHAT CONSTITUTE (see TIMEPIECE MOVEMENTS; CLOCKS OR

CLOCK MOVEMENTS, C.D. 2612).
TIMEPIECE MOVEMENTS
CLOCKS OR CLOCK MOVEMENTS

Certain timepiece movements, which perform the function of keeping time, were held to have been properly classified as "time-keeping or time-indicating devices or instruments” under par. 367(a), Tarifi Act of 1930. The fact that the devices were operated by means of synchronous electric motors powered by electric current which might affect accuracy, was held not to be a barrier to such classification:

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