NUMBERING-Continued DEVICE; PROJECTOR OTHER THAN A MOTION-PICTURE PROJECTOR-Continued similar thereto, under TSUS, item 711.98; photographic cameras, under TSUS, item 722.16; printing machinery, under TSUS, item 668.20; numbering or dating machines, under TSUS, item 676.12; parts of X-ray apparatus, under TSUS, item 709.63; and electrical articles, not specially provided for, under TSUS, item 688.40. In the absence of evidence to overcome the presumption of correct- OR DATE MACHINES; DEVICE, NUMBERING (see NUMBERING DEVICE; NYLON MONOFILAMENTS FILAMENTS OF SYNTHETIC TEXTILE, SINGLE (see MONOFILAMENTS, OFFICE MACHINE; OFFICE WORK (see NUMBERING DEVICE; PROJECTOR SPOUTS NOT "WORKING PARTS" OF HAND TOOL, BRASS (see VALVESPOUT ORIGINAL SCULPTURES And statuary; stone lanterns (see LANTERNS, STONE; STONE Or statuary; capitals, stone (see STONE CAPITALS; MONU- Reproductions (see WORKS OF ART; STATUARIES, MARBLE, WORKS OF ART; MARBLE STATUARIES (see WORKS OF ART; STAT- OUTERWEAR, KNIT HOODED PARKAS (see ENTIRETIES; PARKAS, HOODED, WITH OVEN OR STOVE POTS EARTHENWARE, COARSE-GRAINED (see EARTHENWARE, GRAINED; POTS, OVEN OR STOVE, C.D. 4073). OXYGEN PLANT, MODEL FINE MODEL ARTICLES, OTHER (see MODEL ARTICLES, OTHER; OXYGEN PAINTED SCREENS AND SCROLLS, PAPER PAINTINGS, ORIGINAL (see WORKS OF ART; PAPER PAINTED PAINTINGS ORIGINAL; PAINTED SCREENS AND SCROLLS, PAPER (see WORKS OF ART; SCREENS, PAPER PAINTED (see WORKS OF ART; PAPER PAINTED PANTOGRAPH COLLECTORS ELECTRICAL APPARATUS FOR MAKING CONNECTIONS TO OR IN ELECTRICAL Certain articles, described as "Pantograph Collectors," were Page 526 PANTOGRAPH COLLECTORS—Continued ELECTRICAL APPARATUS FOR MAKING CONNECTIONS TO OR IN ELECTRICAL electrical circuits, under item 685.90, Tariff Schedules of the United The court found that testimony by the plaintiff's only witness that PAPER ARTICLES OF, NOT SPECIALLY PROVIDED FOR, OTHER; SCROLLS, PAPER PAINTED PAINTED SCREENS AND SCROLLS; WORKS OF ART (see WORKS OF ART; ARTICLES OF; FIGURES, PAPIER-MACHE (see PAPIER-MACHE FIGURES; FIGURES Sample, potent witness (see PAPIER-MACHE FIGURES; TOY FIG- Toy figures of animate objects Certain miniature sports mascots figures were classified, as toy figures of animate objects, under item 737.40, Tariff Schedules of the United States, and were claimed to be classifiable, as articles of papier-mache, under TSUS, item 256.75. In upholding the classification under item 737.40, the court found PARAGRAPH 1529 (a)—EXCLUSIONARY, NOT DESCRIPTIVE, LAN- SIMILITUDE, CLASSIFICATION BY (see DOILIES, PLASTIC; NON- PARKAS, HOODED BRAID ARTICLES, IN PART OF (see ENTIRETIES; PARKAS, HOODED, WITH BRAIDED DRAWSTRINGS; ENTIRETIES (see ENTIRETIES; PARKAS, PART DEDICATION TO USE (see SILENCERS FOR MODEL AIRPLANE EN- OF A PART; MOTOR VEHICLES, PARTS OF (see MOTOR VEHICLES, PARTS PARTS DEDICATION TO USE (see METAL PLATES AND EMBLEMS FOR AD- Page 351 550 PARTS-Continued OF X-RAY APPARATUS; DEVICE, NUMBERING (see NUMBERING DEVICE; PEARL ESSENCE COAL TAR PRODUCTS Merchandise known as pearl essence was classified, under par. 27 (a) (4) (5), Tariff Act of 1930, as mixtures in part of a product provided for in par. 27, of said act, and was claimed to be classifiable, under par. 66, of said act, as "pearl essence." The court found that a minute portion of a coal tar derivative ingredient which performed a useful role in the primary function of the importation was sufficient to justify the classification of the importation as a mixture "in part" of said ingredient; and that the maxim of construction de minimis non curat lex does not apply to a fractional ingredient which performs a useful function and hence, said ingredient may properly be considered in determining the classification of the importation in which it is present. Accordingly, the protests were overruled. Northam Warren Corp. and Alltransport, Inc., et al., C.D. 4142__ Appealed to U.S. Court of Customs and Patent Appeals, Appeal 5455. DE MINIMIS NON CURAT LEX (see PEARL ESSENCE; COAL TAR PENALTIES FOR FRIVOLOUS PROTESTS, IMPOSITION OF PHOTOGRAPHIC CAMERAS; DEVICE, NUMBERING (see NUMBERING DEVICE; PROJEC- Duty free (see FILM, PHOTOGRAPHIC; PHOTOGRAPHIC FILM Negatives; film, photographic (see FILM, PHOTOGRAPHIC; PIPES AND TUBES AND BLANKS THEREFOR COPPER TUBES (see COPPER TUBES; PIPES AND TUBES AND PISTON-TYPE INTERNAL COMBUSTION ENGINES, PARTS OF PLAINTIFF, PROPER PARTY PROTEST, MOTION TO DISMISS (see MOTION TO DISMISS PROTEST; PLANT, MODEL OXYGEN MODELS OF INVENTIONS AND OF OTHER IMPROVEMENTS IN THE ARTS (see MODEL ARTICLES, OTHER; OXYGEN PLANT, MODEL, C.D. 4094). PLANTING BULLETS, PLASTIC AGRICULTURAL AND HORTICULTURAL IMPLEMENTS (see AGRICULTURAL PLASTIC ARTIFICIAL FLOWERS; RUBBER OR PLASTICS, OTHER ARTICLES OF (see ARTI- Scarfs, bureau (see DOILIES, PLASTIC; NONENUMERATED Similitude, classification by (see DOILIES, PLASTIC; NON- Page 584 PLASTIC-Continued FIGURINES OF; FIGURINES, HAND-PAINTED (see FIGURINES, HAND- FOOD PICKS; WOOD, ARTICLES OF, BY SIMILITUDE (see ARTIFICIAL FLOW- PLANTING BULLETS; RUBBER OR PLASTICS, OTHER ARTICLES OF (see AGRI- SHOWER CURTAIN HOOKS; HOUSEHOLD UTENSILS, BY SIMILITUDE (see AR- PLATES MATERIAL FOR SUBSEQUENT MANUFACTURING PROCESSES (see BRASS STEEL; ANGLES, SHAPES AND SECTION, METAL Certain metal hemispherical shapes or heads were classified, as angles, shapes, and sections, not otherwise advanced, under item 609.80, Tariff Schedules of the United States, and were claimed to be classifiable, as articles of iron or steel, not specially provided for, under TSUS, item 657.20. The court found that the fact that the imported hemispherical shapes or heads, chiefly used as end closures on metal pressure containers, were processed from a rectangular piece of ASTM grade C flat steel plate, cut to a circle, cold formed in a press which plastically deformed the metal to that shape, and specified inside diameter, and that the shape came out of the press with a horizontal collar or flange around its base which was cut off and discarded as scrap metal, was insufficient to overcome the presumption that customs correctly classified the imported articles as shapes, not otherwise advanced, under item 609.80. Accordingly, the protest was overruled. Commercial Shearing & Stamping Company v. U.S. (Guadalupe Industrial Supply Company, Inc., Party-in-Interest), C.D. 4060 Appealed to U.S. Court of Customs and Patent Appeals, Appeal 5428. PLATINUM BLACK SEMIMANUFACTURED PLATINUM METAL Certain platinum black was classified, as a semimanufactured platinum metal, under item 605.08, Tariff Schedules of the United States, and was claimed to be classifiable, as an unwrought platinum metal free of duty, under TSUS, item 605.02. The court found that, when read together, the definition of "unwrought" in schedule 6, part 2, and the definition of "semimanufactured" in schedule 6, part 2, subpart A, clearly indicate that the reference in the term “unwrought" to primary forms of metal similar to those designated by name includes "primary metal in powder form" excluded from the term "semimanufactured"; and that proof that a typical method of producing platinum black is to start with a pure platinum solution and that the firm from which the imported platinum black was purchased derives pure platinum solution in processing natural ores was insufficient to overcome the presumption that the imported platinum black was produced otherwise than from processing natural ores and, therefore, semimanufactured. Accordingly, the protest was overruled. Erie Technological Products, Inc., C.D. 4134 Appealed to U.S. Court of Customs and Patent Appeals, Appeal 5452. PLAYTHING Toy (see FIGURINES, HAND-PAINTED; PLASTIC, FIGURINES OF, PNEUMATIC CONVEYORS, PARTS OF; CONVEYORS, PARTS OF (see CONVEYORS, PARTS Designed for Agricultural or horticultural machinery or implements; tires, pneu- Page 91 538 PNEUMATIC-Continued TIRES-Continued Designed for Continued Tractors Suitable for use in agriculture, tractors (see TIRES, PNEU- Tires, pneumatic (see TIRES, PNEUMATIC; PNEUMATIC Other; tires, pneumatic (see TIRES, PNEUMATIC; PNEUMATIC SYNTHETIC RUBBER ARTICLES, BY SIMILITUDE Certain articles, invoiced as "Polyethylene Bags," were classified by similitude to manufactures wholly or in chief value of gutta percha or india rubber, not specially provided for: Other, under par. 1559 (a) and par. 1537 (b), Tariff Act of 1930, and were claimed to be classifiable by similitude to articles of synthetic rubber provided for eo nomine in par. 1558, or, alternatively, as nonenumerated manufactured articles, under par. 1558, of said act. On the record presented, the court found that the classification of the collector was erroneous, and that the plaintiff had established that the importations should properly be classified by similitude to articles of synthetic rubber in par. 1558. Accordingly, this claim of the plaintiff was sustained. International Polyethylene Bag Co., Inc., C.D. 4071____ POLYETHYLENEIMINE COMPOUND, SINGLE CHEMICAL An importation of “Polymerized Ethylene Imine" was classified, as a mixture of two or more organic compounds, under item 430.00, Tariff Schedules of the United States, and as said item calls for the rate of duty of 10.5 per centum ad valorem "but not less than the highest rate applicable to any component compound," the importation was accordingly assessed with duty at the rate of 3 cents per pound plus 15 per centum ad valorem as provided for in TSUS item 425.52, for "other" nitrogenous compounds. Plaintiff, while not disputing that the importation was classified pursuant to the correct provision as other nitrogenous compounds, claimed that the assessment of duty on the entire weight of the importation was in error, and that said importation was a single compound in water entitled to the treatment set forth in headnote 2(b) of schedule 4, Tariff Schedules of the United States. The court found that the TSUS requirement, set forth in headnote 2(a) of schedule 4, that a compound have the same internal arrangement, is satisfied, in the case of a polymer, by its being composed of a basic monomer or building block joined to itself repeatedly; that the importation was a single chemical compound; and the fact that the individual molecules of the polymer were of different lengths and possessed different branchings did not support a conclusion that it was a mixture of compounds. Accordingly, the protests were sustained. Chemirad Corporation, C.D. 4067----POLYHYDRIC ALCOHOLS CHEMICALS (see TRIOLS AND TETROLS; CHEMICALS, C.D. 4053). POSTS COLUMNS, OR STRUCTURAL SHAPES; SHORES (see SHORES; MACHINES, POTENTIOMETERS LABORATORY INSTRUMENTS, PARTS OF Certain potentiometers and electrometers, used by plaintiff as components in direct-reading spectrometers, were classified, as parts of laboratory instruments, under par. 360, Tariff Act of 1930, and were claimed to be classifiable, as "Other" articles having as an essential feature an electrical element or device, under par. 353, of said act. Page 155 137 |