TIMEPIECE 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- CONGRESSIONAL INTENT (see TOOTHBRUSHES; ELECTRIC TOOTHBRUSHES ELECTRIC 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, SERVING; BASKETS (see WOOD, MANUFACTURES OF; BASKETS, SHALLOW; BASKETS (see WOOD, MANUFACTURES OF; BASKETS, SNACK; BASKETS (see WOOD, MANUFACTURES OF; BASKETS, TRIMMINGS WHAT CONSTITUTE (see BLOUSES WITH YOKES; WEARING 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__ Pagt 146 541 410 TUBES-Continued SEAMLESS STEEL Structural shapes (see TUBES, IRON OR STEEL, NOT SPE- Tubes, iron or steel, not specially provided for (see TUBES, IRON TUBING STRUCTURAL SHAPES (see TUBES, IRON OR STEEL, NOT SPECIALLY PROVIDED FOR; TUBES, SEAMLESS STEEL, C.D. 2667). TUNA FISH, COOKED AND FROZEN FISH, PREPARED OR PRESERVED (see FISH, PREPARED OR PRE- USE CHIEF Candlesticks and candelabra (see HOUSEHOLD UTENSILS; Shoe machinery (see SHOE MACHINERY; ELECTRICAL ELE- V. eo nomine; barytes ore, crude (see BARYTES ORE, CRUDE; CLASSIFICATION BY Automobiles, parts of (see AUTOMOBILES, PARTS OF; ENGINES, Automobiles, parts of (see AUTOMOBILES, PARTS OF; INSERT Baskets (see WOOD, MANUFACTURES OF; BASKETS, C.D. Cutting tools (see CUTTING TOOLS; MACHINES, PARTS OF, Electronic therapeutic appartus (see SURGICAL INSTRUMENTS; Evidence, sufficiency of (see SURGICAL INSTRUMENTS; ELEC- Facemasks (see FACEMASKS; RUBBER, MANUFACTURES OF, Flooring, Japanese white oak (see WOOD, MANUFACTURES OF, Goggles (see GOGGLES, BOYS'; TOYS, C.D. 2625). Internal-combustion engines, parts of (see AUTOMOBILES, PARTS Internal-combustion engines, parts of (see AUTOMOBILES, PARTS Knives (see KNIFE, HUNTING, MINIATURE; METALS, MAN- Mugs, plastic (see PLASTIC MUGS; MUGS, EARTHENWARE, Nylon, manufactures of (see NYLON, MANUFACTURES OF; Presumption of correctness (see METALS, MANUFACTURES OF; Saw, circular (see DADOS; SAWS, CIRCULAR, C.D. 2689). Shoe machinery (see SHOE MACHINERY; ELECTRICAL ELE- Sponges, partly finished (see CELLULOSE COMPOUNDS; Page USE-Continued CLASSIFICATION BY-Continued Table or household articles (see GLASSWARE, DECORATED; Automobile parts (see AUTOMOBILES, PARTS OF; ENGINES, Internal-combustion engine parts (see AUTOMOBILES, PARTS OF; DESIGNATION BY; Tariff Act of 1930, par. 352 (see CUTTING TOOLS; EVIDENCE OF; testimony, hearsay (see WOOD, MANUFACTURES OF; LACK OF EVIDENCE AS TO; EVIDENCE, SUFFICIENCY OF (see HOUSEHOLD Paints or stains containing alcohol The subject merchandise, used in coating cedar shakes and containing 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 classifiable 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 Relative specificity (see USE, SPÉCIFIC V. GENERAL DESIG- SUITABILITY FOR; PAINTS OR STAINS (see USE, SPECIFIC V. GENERAL TIME OF DETERMINATION; DATE OF IMPORTATION (see WOOD SLATS, UTILITARIAN; RELIGIOUS ARTICLES (see HOUSEHOLD UTENSILS; V. EO NOMINE, WHEN CONTROLLING (see CUTTING TOOLS; MA- VEGETABLE SUBSTANCES, CRUDE OR UNMANUFACTURED Vine leaves in brine (see VINE LEAVES IN BRINE; EDIBLE PREP- Par 16 VEGETABLES, PICKLED Vine leaves in brine (see VINE LEAVES IN BRINE; EDIBLE PREP- 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 "nonenumerated manufactured articles which are edible preparations for human consumption." The court held that the vine leaves, processed after importation UNMANUFACTURED ARTICLES (see VINE VEGETABLES, PICKLED (see VINE LEAVES IN BRINE; EDIBLE FURNITURE (see FURNITURE; WALL CABINETS, C.D. 2619). WALL CABINETS FURNITURE (see FURNITURE; WALL CABINETS, C.D. 2619). WASTE NOT SPECIALLY PROVIDED FOR Commingled merchandise (see CUTTINGS, CLOTH; WASTE, Cuttings, cloth (see CUTTINGS, CLOTH; WASTE, NOT SPE- NYLON; NYLON YARN CONTAINING DEFECTS AND IMPURITIES (see YARNS, WASTEBASKETS BASKETS (see WOOD, MANUFACTURES OF; BASKETS, C.D. 2662). WATCH BRACELETS LEGISLATIVE HISTORY (see WATCH BRACELETS, PARTS OF; ARTI- Certain items, invoiced as bangle arms, springs, and rivets, when 5254. Appealed to U.S. Court of Customs and Patent Appeals, Appeal WATCH MOVEMENTS MEASUREMENT (see TIMEPIECE MOVEMENTS; CLOCKS OR MEASUREMENT OF; CONGRESSIONAL INTENT (see TIMEPIECE MOVE- Page 395 311 WEARING APPAREL, COTTON, NOT SPECIALLY PROVIDED BLOUSES WITH YOKES (see BLOUSES WITH YOKES; WEARING WEIGHT DETERMINATION OF; CONDITION AS IMPORTED (see NYLON, MANU- WOOD MANUFACTURES OF The subject merchandise, consisting of various articles of rattancore 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. J. Byrnes & Co. et al., C.D. 2662__ Not specially provided for Japanese oak mosaic flooring The claim for classification of Japanese oak mosaic flooring Wall bracket and shelf (see FURNITURE; WALL CABINETS, Wall cabinets (see FURNITURE; WALL CABINETS, C.D. 2619). Sled, rattancore (see SLED, RATTANCORE; WOOD, MANU 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 SUNSHADES (see WOOD SLATS, MOLDED; LUMBER, NOT FUR- WOOL AND HAIR WASTE; CONGRESSIONAL INTENT (see CASHMERE GOAT RAGS Burden of proof (see CUTTINGS, CLOTH; WASTE, NOT SPE- What constitute (see CUTTINGS, CLOTH; WASTE; WASTE, NOT SPE SUMMARY OF TARIFF INFORMATION, 1929 (see CASHMERE |