TOY-Continued FIGURES OF ANIMATE OBJECTS-Continued HAND-PAINTED FIGURINES (see FIGURINES, HAND-PAINTED; PAPIER-MACHE FIGURES (see PAPIER-MACHE FIGURES; TOY FIG- PLAYTHING (see FIGURINES, HAND-PAINTED; PLASTIC, FIGU- USE FOR ORNAMENTAL, DECORATIVE OR DISPLAY PURPOSES (see FIGU- TOYS AND PARTS OF TOYS, NOT SPECIALLY PROVIDED FOR, OTHER; SWITCHBOARDS, NOT SPECIALLY PROVIDED FOR Engines, silencers for model airplane (see SILENCERS FOR MODEL Other; animals, vinyl water (see ANIMALS, VINYL WATER; TOYS, TRACK TREADS BELTING FOR MACHINERY (see MOTOR VEHICLES, PARTS OF; TRACTORS SUITABLE FOR AGRICULTURAL USE, PARTS OF TRADE AGREEMENTS RATES OF DUTY, SUSPENSION OF TRANSDUCER MORE THAN A MICROPHONE (see TRANSDUCERS, UNDERWATER ; TRANSDUCERS, UNDERWATER DEPTH-SOUNDING INSTRUMENTS, PARTS OF Certain instruments known as underwater transducers were classified, as parts of ships' depth-sounding instruments and apparatus, under item 712.12, Tariff Schedules of the United States, and were claimed to be classifiable, as microphones, under TSUS, item 684.70. The court found that a microphone in its common meaning is an instrument which converts sound waves into electrical signals for further transmission; that since the imported transducer had two coequal functions, namely, the conversion of electricity to sound and the reconversion of sound into electricity, it was more than a microphone and thus was not classifiable as such. Accordingly, the protest was overruled. Edo Commercial Corp. and F. W. Myers & Co., Inc., C.D. 4049__ TRANSFORMERS AMERICAN GOODS RETURNED (see AMERICAN GOODS RETURNED; ASSEMBLED ABROAD, ARTICLES (see AMERICAN GOODS RETURNED; TRANSMITTER AND RECEIVER "MORE THAN" PRINCIPLE NOT APPLICABLE (see TRANSMITTER AND RECEIVER; RADIO REMOTE CONTROL APPARATUS, C.D. 4081). RADIO REMOTE CONTROL APPARATUS Certain merchandise described as an Electro Bug Signal System, consisting of a transmitter, a receiver, and a tripod and stand, was classified as follows: The transmitter and receiver were classified, as radio remote control apparatus, under item 685.60, Tariff Schedules of the United States, and the tripod and stand, as articles of iron or steel, under TSUS, item 657.20. Plaintiff claimed that all the items were properly classifiable, as electrical sound signalling apparatus, under TSUS, item 685.70. 330 Page TRANSMITTER AND RECEIVER-Continued The court found that the transmitter and receiver were in themselves complete articles, that they constituted a remote control device operated by radio, that they did not fall within the principle of "more than" a radio remote control apparatus, and were properly dutiable as classified under item 685.60; that the tripod stand constituted a part of the radio remote control apparatus since it was designed and dedicated for use with the apparatus and served a useful purpose even though its use may be optional. As no claim was made for relief under item 685.60, the protest with respect to the tripods was overruled, as were the protests with respect to the receivers and the transmitters. Border Brokerage Co., Inc., C.D. 4081___. TRANSPORTATION EQUIPMENT MOTOR VEHICLE SPECIALLY CONSTRUCTED AND EQUIPPED (see PROTEST, TRAYS ALUMINUM ; ALUMINUM ARTICLES (see CRATES, RETORT; VEHICLES, RETORT CRATES AND; INDUSTRIAL MACHINERY AND PLANT LABORATORY MORE THAN BELTING FOR MACHINERY (see MOTOR VEHICLES, PARTS MOTOR VEHICLES, PARTS OF (see MOTOR VEHICLES, PARTS OF; TRIETHANOLAMINE SALT EMPICOL TSL (see EMPICOL TSL; TRIETHANOLAMINE SALT, C.D. 4066). TRIMMINGS BRAID, RAYON Certain merchandise, invoiced as "Rayon Braid," was classified, as trimmings, under par. 1529 (a), Tariff Act of 1930, and was claimed to be classifiable, as braid made on a braiding machine which is suitable for making or ornamenting hats, under said par. 1529 (a). On the record presented, the court found that there was a conflict as to whether the imported merchandise was made on a braiding machine or on a crochet machine; that the evidence did not show that such machines were the same machines contemplated by Congress in par. 1529 (a) as braiding machines in the said claimed provision; and that plaintiff had failed to prove the component material of chief value. Accordingly, the protest was overruled. Sol Kahaner & Bro., C.D. 4130 TRIOLS AND TETROLS CHEMICALS A chemical importation known as "isopropylidene-D-glucofuranose" was classified, as "other" polyhydric alcohols, ester, and ethers, and substituted derivatives thereof, under item 428.46, Tariff Schedules of the United States, and was claimed to be classifiable, as "triols," under TSUS, item 428.44. Finding that the testimony clearly established that the importation belonged to that functional group known as alcohols of the polyhydric variety, and was, specifically, a triol, the court held that the plaintiff had established a prima facie case that the importation consisted of a triol as set forth in item 428.44. Accordingly, the protest was sustained. Aldrich Chemical Company, Inc., C.D. 4053_ TRIPOD AND STAND IRON OR STEEL, ARTICLES OF (see TRANSMITTER AND RECEIVER; RA- "TRU-CUT" DADOES CUTTING TOOLS (see DADOES, “TRU-CUT"; CIRCULAR SAW BLADES, Page 221 512 56 TUBES COMMON MEANING (see COPPER TUBES; PIPES AND TUBES AND COPPER; COPPER, ARTICLES OF, NOT SPECIALLY PROVIDED FOR (see COPPER TUNA FISH LOINS FISH PREPARED OR PRESERVED, NOT SPECIALLY PROVIDED FOR Certain frozen cooked tuna fish loins were classified, as fish, prepared or preserved, not specially provided for, under item 113.56, Tariff Schedules of the United States, and were claimed to be entitled to entry free of duty, as frozen tuna fish, whether or not whole, but not otherwise prepared or preserved, under TSUS, item 110.10. The court found that the precooking process which the imported tuna COAL TAR INTERMEDIATE (see COAL TAR PRODUCTS; DYESTUFF ULTIMATE PURCHASER MERCHANDISE NOT LEGALLY MARKED (see MERCHANDISE NOT LE- MACHINES, NOT SPECIALLY PROVIDED FOR, PARTS OF (see MACHINES, UNDERWATER TRANSDUCERS MICROPHONES (see TRANSDUCERS, UNDERWATER; DEPTH UNSPUN FIBROUS VEGETABLE MATERIALS, ARTICLES OF WOOD STICKS (see WOOD STICKS; UNSPUN FIBROUS VEGETABLE UNWROUGHT PLATINUM METAL BLACK, PLATINUM (see PLATINUM BLACK; SEMIMANUFACTURED USE BASKETS, HANGING (see BASKETS, HANGING; RATTAN BASKETS, FOR EXPERIMENT OR STUDY; LABORATORY PURPOSES (see POTENTIOM- PROVISION; DOG EQUIPMENT (see CHAINS, TIE-OUT; DOG EQUIP- USES, EXCEPTIONAL OR INCIDENTAL, NOT CONTROLLING UTILITARIAN PURPOSES WORKS OF ART (see STONE CAPITALS; MONUMENTAL OR BUILD- VACUUM CLEANER, AUTOMOBILE; ENTIRETY (see VACUUM CLEANERS; AUTO- CLEANERS, AUTOMOBILE Machines, not specially provided for (see VACUUM CLEANERS; AU- Page 273 VACUUM-Continued CLEANERS, AUTOMOBILE-Continued Certain automobile vacuum cleaners were classified, as vacuum The court found that the imported vacuum cleaners which were designed to be operated from the cigarette lighter receptacle of an automobile and utilized a power supply of 6 or 12 volts, were not vacuums of types used in the household, hotels, restaurants, offices, schools or hospitals as provided for under item 683.30, and were properly subject to classification under item 678.50, as claimed. Accordingly, this claim was sustained. J. Gerber & Co., Inc., C.D. 4101_. VALVESPOUT OILERS COPPER, ARTICLES OF, OTHER Certain valvespout oilers were classified, as "Other" articles of copper, not coated or plated with precious metal, under item 657.35, Tariff Schedules of the United States, and were claimed to be classifiable, as hand tools not specially provided for, and metal parts thereof, of brass, under TSUS, item 651.49. In holding that the imported valvespout oilers were not classifiable as claimed by plaintiffs, the court found that the "working part” of a hand tool within the purview of headnote 1, subpart E, part 3, schedule 6, TSUS, is that part of the tool which does work in relation to a workpiece or object external to the tool; that the spout of an oiler through which oil flows, being an entirely passive conduit, does no work on an external object, and is not a "working part" within the purview of the headnote provision; and that this interpretation applies, notwithstanding that the spout contains a valve which restricts or controls the flow of the lubricant. Accordingly, the protest was overruled. Continental Arms Corp. and Gehrig, Hoban & Co., Inc., C.D. 4058 VEHICLES CRATES, RETORT (see CRATES, RETORT; VEHICLES, C.D. 4124). VINYL WATER ANIMALS RUBBER, MANUFACTURES OF, BY SIMILITUDE (see ANIMALS, VINYL WATER; TOYS, NOT SPECIALLY PROVIDED FOR, OTHER, C.D. 4105). WASTE, CORK EVIDENCE INSUFFICIENT (see CORK, GRANULATED OR GROUND; WEARING APPAREL OF PLASTIC SPANGLED SWEATERS, LADIES' (see SWEATERS, LADIES' SPANGLED; WIGS ALL FORMS AND TYPES OF; EO NOMINE PROVISION (see WIGS; DOLLS, DOLLS, WIGS FOR Certain wigs for dolls were classified as parts of dolls under item 737.20. Tariff Schedules of the United States, and were claimed to be classifiable as "wigs" under TSUS, item 790.70. The court held that the term "wigs" as used in item 790.70 is not limited to articles for human use; that wigs for dolls are included in the common meaning of that term; and that since the imported wigs were thus specifically described as "wigs" in item 790.70, General Interpretative Rule 10(ij) and the headnotes to subpart E of part 5 of schedule 7 of the tariff schedules require that the provision for "wigs" pre Page 347 80 WIGS-Continued DOLLS, WIGS FOR-Continued Page vail over the provision for "parts of dolls," and, therefore, the merchandise was properly classifiable as claimed, under item 790.70. Accordingly, the protest was sustained. Mattel, Inc., C.D. 4147__. FOR DOLLS; DOLLS, PARTS OF (see WIGS; DOLLS, WIGS FOR, C.D. 4147). WINCHES, PARTS OF CLUTCHES, PARTS OF (see CLUTCHES, PARTS OF; WINCHES, PARTS WIRE Insulated electrical conductors Certain polyurethane insulated wire imported in continuous lengths was classified, as insulated electrical conductors, under item 688.04, Tariff Schedules of the United States, and was claimed to be classifiable, as other wire covered with textile or other material, under TSUS, item 642.97. Finding that it was the intent of Congress to include insulated wire, whether in continuous lengths or cut, to fall within the purview of item 688.04, the court held that the imported merchandise was properly classified under said item 688.04. Accordingly, the protest was overruled. Mitsui & Co. (U.S.A.), Inc., C.D. 4087---Telephone cable (see TELEPHONE CABLE; WIRE, COPPER, C.D. 4093). COVERED WITH TEXTILE OR OTHER MATERIAL, OTHER; COPPER WIRE (see STRANDERS; METAL-WORKING MACHINE TOOLS, OTHER Certain wire standers were classified, as metal-working machine tools, other under item 674.35, Tariff Schedules of the United States, and were claimed to be classifiable, as cordage machines, under TSUS, item 670.90. The court held that the imported wire stranders were machine tools within the broadened definition of that term as used in headnote 1 to subpart F of part 4 of schedule 6, TSUS, which continues the breadth of definition employed under prior tariff provisions; and that the term cordage machinery is limited to cordage machinery using textile yearn, in keeping with the congressional intent to confine classification under subpart E of part 4 of schedule 6, TSUS, to articles constituting textile machinery and related machinery. Broderick & Bascom Rope Co., C.D. 4112 Appealed to U.S. Court of Customs and Patent Appeals, Appeal 5449. ELECTRIC SOUND AMPLIFIER SETS (see INTERCOM, WIRED; TELE- WITNESS QUALIFIED ALTHOUGH NOT AN EXECUTIVE CHIEF USE (see AGRICULTURAL AND HORTICULTURAL IMPLE- WOOD ARTICLES OF By similitude; plastic food picks (see ARTIFICIAL FLOWERS; Figures, collapsible animal (see ANIMAL FIGURES, COLLAP- PRODUCTS; HARDWOOD FLOORING IN STRIPS AND PLANKS Certain merchandise invoiced as "TEAK BOAT DECKINGS" was classified, as "Hardwood flooring in strips and planks, whether or not drilled or treated," under item 202.57, Tariff Schedules of the United States, and was claimed to be classifiable, as lumber, dressed or worked, hardwood, teak, under TSUS, item 202.36. In overruling the protest without affirming the classification of the collector, the court found from the evidence presented that the imported 616 268 400 |