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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-
ness which attaches to the classification of the merchandise, by the
district director of customs, and a showing that the claimed classifi-
cations were correct, the court overruled the claims of the plaintiff.
Schick X-Ray Co., Inc., C.D. 4132_

OR DATE MACHINES; DEVICE, NUMBERING (see NUMBERING DEVICE;
PROJECTOR OTHER THAN A MOTION-PICTURE PROJECTOR,
C.D. 4132).

NYLON MONOFILAMENTS

FILAMENTS OF SYNTHETIC TEXTILE, SINGLE (see MONOFILAMENTS,
NYLON; YARNS OF RAYON OR OTHER SYNTHETIC TEXTILE,
C.D. 4144).

OFFICE

MACHINE; OFFICE WORK (see NUMBERING DEVICE; PROJECTOR
OTHER THAN A MOTION-PICTURE PROJECTOR, C.D. 4132).
WORK; OFFICE MACHINE (see NUMBERING DEVICE; PROJECTOR
OTHER THAN A MOTION-PICTURE PROJECTOR, C.D. 4132).
OILERS

SPOUTS NOT "WORKING PARTS" OF HAND TOOL, BRASS (see VALVESPOUT
OILERS; COPPER, ARTICLES OF, OTHER, C.D. 4058).
VALVESPOUT; TOOLS, HAND, BRASS (see VALVESPOUT OILERS;
COPPER, ARTICLES OF, OTHER, C.D. 4058).

ORIGINAL

SCULPTURES

And statuary; stone lanterns (see LANTERNS, STONE; STONE
STATUARY AND SCULPTURES, NOT SPECIALLY PROVIDED
FOR, C.D. 4108).

Or statuary; capitals, stone (see STONE CAPITALS; MONU-
MENTAL OR BUILDING STONE, OTHER, C.D. 4141).

Reproductions (see WORKS OF ART; STATUARIES, MARBLE,
C.D. 4131).

WORKS OF ART; MARBLE STATUARIES (see WORKS OF ART; STAT-
UARIES, MARBLE, C.D. 4131).

OUTERWEAR, KNIT

HOODED PARKAS (see ENTIRETIES; PARKAS, HOODED, WITH
BRAIDED DRAWSTRINGS, C.D. 4079).

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
PLANT, MODEL, C.D. 4094).

PAINTED SCREENS AND SCROLLS, PAPER

PAINTINGS, ORIGINAL (see WORKS OF ART; PAPER PAINTED
SCREENS AND SCROLLS, C.D. 4051).

PAINTINGS

ORIGINAL; PAINTED SCREENS AND SCROLLS, PAPER (see WORKS OF ART;
PAPER PAINTED SCREENS AND SCROLLS, C.D. 4051).

SCREENS, PAPER PAINTED (see WORKS OF ART; PAPER PAINTED
SCREENS AND SCROLLS, C.D. 4051).

PANTOGRAPH COLLECTORS

ELECTRICAL APPARATUS FOR MAKING CONNECTIONS TO OR IN ELECTRICAL
CIRCUITS

Certain articles, described as "Pantograph Collectors," were
classified, as electrical apparatus for making connections to or in
418-836 0-71-66

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526

PANTOGRAPH COLLECTORS—Continued

ELECTRICAL APPARATUS FOR MAKING CONNECTIONS TO OR IN ELECTRICAL
CIRCUITS Continued

electrical circuits, under item 685.90, Tariff Schedules of the United
States, and were claimed to be classifiable, as parts for machinery
described in TSUS, item 664.10, or, alternatively, as electrical arti-
cles and electrical parts of articles, not specially provided for, under
TSUS, item 688.40.

The court found that testimony by the plaintiff's only witness that
the imported pantograph collectors completed rather than con-
nected an electrical circuit between a stationary conductor and mov-
ing machines such as gantry cranes, and other machinery described
in TSUS item 664.10, was equivocal and unconvincing, and insuf-
ficient to overcome the presumption that customs correctly classi-
fied the pantograph collectors under item 685.90. Accordingly, the
protest claims were overruled. Rcd Seal Electric Co., Inc., C.D.
4102_____

PAPER

ARTICLES OF, NOT SPECIALLY PROVIDED FOR, OTHER; SCROLLS, PAPER PAINTED
(see WORKS OF ART; PAPER PAINTED SCREENS AND
SCROLLS, C.D. 4051).

PAINTED SCREENS AND SCROLLS; WORKS OF ART (see WORKS OF ART;
PAPER PAINTED SCREENS AND SCROLLS, C.D. 4051).
PRODUCTS; TEXTILE MATERIALS OF SILK, ARTICLES OF, NOT SPECIALLY PRO-
VIDED FOR, OTHER (see WORKS OF ART; PAPER PAINTED
SCREENS AND SCROLLS, C.D. 4051).
PAPIER-MACHE

ARTICLES OF; FIGURES, PAPIER-MACHE (see PAPIER-MACHE FIGURES;
TOY FIGURES OF ANIMATE OBJECTS, C.D. 4137).

FIGURES

Sample, potent witness (see PAPIER-MACHE FIGURES; TOY FIG-
URES OF ANIMATE OBJECTS, C.D. 4137).

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
from an examination of the samples that the importations were de
signed primarily and were eminently suitable for use as playthings
for amusement rather than for ornamental, decorative or display
purposes. Accordingly, the protest was overruled. Sports Specialities
Crop., C.D. 4137-----

PARAGRAPH 1529 (a)—EXCLUSIONARY, NOT DESCRIPTIVE, LAN-
GUAGE

SIMILITUDE, CLASSIFICATION BY (see DOILIES, PLASTIC; NON-
ENUMERATED MANUFACTURED ARTICLES, NOT SPECIALLY
PROVIDED FOR, C.D. 4057).

PARKAS, HOODED

BRAID ARTICLES, IN PART OF (see ENTIRETIES; PARKAS, HOODED,
WITH BRAIDED DRAWSTRING, C.D. 4079).

WITH BRAIDED DRAWSTRINGS; ENTIRETIES (see ENTIRETIES; PARKAS,
HOODED, WITH BRAIDED DRAWSTRINGS, C.D. 4079).

PART

DEDICATION TO USE (see SILENCERS FOR MODEL AIRPLANE EN-
GINES; PISTON-TYPE INTERNAL COMBUSTION ENGINES,
PARTS OF, C.D. 4116).

OF A PART; MOTOR VEHICLES, PARTS OF (see MOTOR VEHICLES, PARTS
OF; TREADS, TRACK, C.D. 4063).

PARTS

DEDICATION TO USE (see METAL PLATES AND EMBLEMS FOR AD-
VERTISING; ARTICLES ORDINARILY CARREID IN POCKET,
HANDBAG, OR ON PERSON, OF SILVER, PARTS OF SMALL,
C.D. 4047).

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550

PARTS-Continued

OF X-RAY APPARATUS; DEVICE, NUMBERING (see NUMBERING DEVICE;
PROJECTOR OTHER THAN A MOTION-PICTURE PROJECTOR,
C.D. 4132).

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
PRODUCTS, C.D. 4142).

PENALTIES FOR FRIVOLOUS PROTESTS, IMPOSITION OF
MOOT QUESTION (see PROTEST, FRIVOLOUS; MOTION TO DISMISS,
C.D. 4153).

PHOTOGRAPHIC

CAMERAS; DEVICE, NUMBERING (see NUMBERING DEVICE; PROJEC-
TOR OTHER THAN A MOTION-PICTURE PROJECTOR, C.D. 4132).
FILM

Duty free (see FILM, PHOTOGRAPHIC; PHOTOGRAPHIC FILM
NEGATIVES, C.D. 4056).

Negatives; film, photographic (see FILM, PHOTOGRAPHIC;
PHOTOGRAPHIC FILM NEGATIVES, C.D. 4056).

PIPES AND TUBES AND BLANKS THEREFOR

COPPER TUBES (see COPPER TUBES; PIPES AND TUBES AND
BLANKS THEREFOR, C.D. 4140).

PISTON-TYPE INTERNAL COMBUSTION ENGINES, PARTS OF
SILENCERS FOR MODEL AIRPLANE ENGINES (see SILENCERS FOR MODEL
AIRPLANE ENGINES; PISTON-TYPE INTERNAL COMBUSTION
ENGINES, PARTS OF, C.D. 4116).

PLAINTIFF, PROPER PARTY

PROTEST, MOTION TO DISMISS (see MOTION TO DISMISS PROTEST;
PROPER PARTY PLAINTIFF, C.D. 4075).

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
AND HORTICULTURAL IMPLEMENTS; PLANTING BULLETS,
PLASTIC, C.D. 4089).

PLASTIC

ARTIFICIAL FLOWERS; RUBBER OR PLASTICS, OTHER ARTICLES OF (see ARTI-
FICIAL FLOWERS; FLOWERS, PLASTIC ARTIFICIAL, C.D.
4109).
DOILIES

Scarfs, bureau (see DOILIES, PLASTIC; NONENUMERATED
MANUFACTURED ARTICLES, NOT SPECIALLY PROVIDED
FOR, C.D. 4057).

Similitude, classification by (see DOILIES, PLASTIC; NON-
ENUMERATED MANUFACTURED ARTICLES, NOT SPE-
CIALLY PROVIDED FOR, C.D. 4057).

Page

584

PLASTIC-Continued

FIGURINES OF; FIGURINES, HAND-PAINTED (see FIGURINES, HAND-
PAINTED; PLASTIC, FIGURINES OF, C.D. 4156).

FOOD PICKS; WOOD, ARTICLES OF, BY SIMILITUDE (see ARTIFICIAL FLOW-
ERS; FOOD PICKS, PLASTIC, C.D. 4118).

PLANTING BULLETS; RUBBER OR PLASTICS, OTHER ARTICLES OF (see AGRI-
CULTURAL AND HORTICULTURAL IMPLEMENTS; PLANTING
BULLETS, PLASTIC, C.D. 4089).

SHOWER CURTAIN HOOKS; HOUSEHOLD UTENSILS, BY SIMILITUDE (see AR-
TIFICIAL FLOWERS; FOOD PICKS, PLASTIC, C.D. 4118).

PLATES

MATERIAL FOR SUBSEQUENT MANUFACTURING PROCESSES (see BRASS
PLATES; MANUFACTURES OF METAL, NOT SPECIALLY PRO-
VIDED FOR, C.D. 4143).

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,
C.D. 4156).

PNEUMATIC

CONVEYORS, PARTS OF; CONVEYORS, PARTS OF (see CONVEYORS, PARTS
OF; PNEUMATIC CONVEYORS, PARTS OF, C.D. 4106).
TIRES

Designed for

Agricultural or horticultural machinery or implements; tires, pneu-
matic (see TIRES, PNEUMATIC; PNEUMATIC TIRES DE-
SIGNED FOR TRACTORS, C.D. 4083).

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538

PNEUMATIC-Continued

TIRES-Continued

Designed for Continued

Tractors

Suitable for use in agriculture, tractors (see TIRES, PNEU-
MATIC; PNEUMATIC TIRES DESIGNED FOR TRACTORS,
C.D. 4083).

Tires, pneumatic (see TIRES, PNEUMATIC; PNEUMATIC
TIRES DESIGNED FOR TRACTORS, C.D. 4083).

Other; tires, pneumatic (see TIRES, PNEUMATIC; PNEUMATIC
TIRES DESIGNED FOR TRACTORS, C.D. 4083).
POLYETHYLENE BAGS

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,
NOT SPECIALLY PROVIDED FOR, OTHER, C.D. 4074).
SHORES (see SHORES; MACHINES, NOT SPECIALLY PROVIDED
FOR, OTHER, C.D. 4074).

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.

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