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TOY-Continued

FIGURES OF ANIMATE OBJECTS-Continued

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

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

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

USE FOR ORNAMENTAL, DECORATIVE OR DISPLAY PURPOSES (see FIGU-
RINES, HAND-PAINTED; PLASTIC, FIGURINES OF, C.D. 4156).

TOYS

AND PARTS OF TOYS, NOT SPECIALLY PROVIDED FOR, OTHER; SWITCHBOARDS,
TELEPHONE (see SWITCHBOARDS, TELEPHONE; TOYS, AND
PARTS OF TOYS, NOT SPECIALLY PROVIDED FOR, OTHER,
C.D. 4065).

NOT SPECIALLY PROVIDED FOR

Engines, silencers for model airplane (see SILENCERS FOR MODEL
AIRPLANE ENGINES; PISTON-TYPE INTERNAL COMBUS-
TION ENGINES, PARTS OF, C.D. 4116).

Other; animals, vinyl water (see ANIMALS, VINYL WATER; TOYS,
NOT SPECIALLY PROVIDED FOR, OTHER, C.D. 4105).

TRACK TREADS

BELTING FOR MACHINERY (see MOTOR VEHICLES, PARTS OF;
TREADS, TRACK, C.D. 4063).

TRACTORS SUITABLE FOR AGRICULTURAL USE, PARTS OF
HEADS, CYLINDER (see INTERNAL COMBUSTION ENGINES, OTHER
PARTS OF; CYLINDER HEADS, C.D. 4100).

TRADE AGREEMENTS RATES OF DUTY, SUSPENSION OF
PROCLAMATION, PRESIDENTIAL (see PRESIDENTIAL PROCLAMATION:
LIMITATION ON PRESIDENTIAL ACTION, C.D. 4155).

TRANSDUCER

MORE THAN A MICROPHONE (see TRANSDUCERS, UNDERWATER ;
DEPTH-SOUNDING INSTRUMENTS, PARTS OF, C.D. 4049).

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;
TRANSFORMERS, C.D. 4054).

ASSEMBLED ABROAD, ARTICLES (see AMERICAN GOODS RETURNED;
TRANSFORMERS, C.D. 4054).

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.

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TRANSMITTER AND RECEIVER-Continued
RADIO REMOTE CONTROL APPARATUS-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,
MERCHANDISE COVERED BY; JURISDICTION OF COURT,
LIMITATION ON, C.D. 4145).

TRAYS

ALUMINUM ; ALUMINUM ARTICLES (see CRATES, RETORT; VEHICLES,
C.D. 4124).

RETORT CRATES AND; INDUSTRIAL MACHINERY AND PLANT LABORATORY
EQUIPMENT (see CRATES, RETORT; VEHICLES, C.D. 4124).
TREADS, TRACK

MORE THAN BELTING FOR MACHINERY (see MOTOR VEHICLES, PARTS
OF; TREADS, TRACK, C.D. 4063).

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

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-
DIO REMOTE CONTROL APPARATUS, C.D. 4081).

"TRU-CUT" DADOES

CUTTING TOOLS (see DADOES, “TRU-CUT"; CIRCULAR SAW BLADES,
C.D. 4062).

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512

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TUBES

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

COPPER; COPPER, ARTICLES OF, NOT SPECIALLY PROVIDED FOR (see COPPER
TUBES; PIPES AND TUBES AND BLANKS THEREFOR, C.D.
4140).

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
fish had undergone, resulting in the color and taste of the tuna fish be-
ing changed and improved, had placed the said tuna fish in an advanced
state of preparation taking it out of item 110.10 and placing it in item
113.56. Accordingly, the protest was overruled. B. A. McKenzie & Co.,
Inc., a/c Pacific Reefer Fisheries, Inc., C.D. 4088_
2-METHYL-INDOLE

COAL TAR INTERMEDIATE (see COAL TAR PRODUCTS; DYESTUFF
INTERMEDIATE, C.D. 4113).

ULTIMATE PURCHASER

MERCHANDISE NOT LEGALLY MARKED (see MERCHANDISE NOT LE-
GALLY MARKED; ULTIMATE PURCHASER, C.D. 4126).
UNDERCLEANER, PARTS OF

MACHINES, NOT SPECIALLY PROVIDED FOR, PARTS OF (see MACHINES,
NOT SPECIALLY PROVIDED FOR, PARTS OF; UNDER-
CLEANER, PARTS OF, C.D. 4128).

UNDERWATER TRANSDUCERS

MICROPHONES (see TRANSDUCERS, UNDERWATER;
SOUNDING INSTRUMENTS, PARTS OF, C.D. 4049).

DEPTH

UNSPUN FIBROUS VEGETABLE MATERIALS, ARTICLES OF

WOOD STICKS (see WOOD STICKS; UNSPUN FIBROUS VEGETABLE
MATERIALS, ARTICLES OF, C.D. 4138.

UNWROUGHT PLATINUM METAL

BLACK, PLATINUM (see PLATINUM BLACK; SEMIMANUFACTURED
PLATINUM METAL, C.D. 4134).

USE

BASKETS, HANGING (see BASKETS, HANGING; RATTAN BASKETS,
C.D. 4146).

FOR EXPERIMENT OR STUDY; LABORATORY PURPOSES (see POTENTIOM-
ETERS; LABORATORY INSTRUMENTS, PARTS OF, C.D. 4129).
FOR ORNAMENTAL, DECORATIVE OR DISPLAY PURPOSES; TOY (see FIGU-
RINES, HAND-PAINTED; PLASTIC, FIGURINES OF, C.D. 4156).
OF ARTICLE, SOLE; PRESUMPTION OF CORRECTNESS (see NUMBERING DE-
VICE; PROJECTOR OTHER THAN A MOTION-PICTURE PRO-
JECTOR, C.D. 4132).

PROVISION; DOG EQUIPMENT (see CHAINS, TIE-OUT; DOG EQUIP-
MENT, SIMILAR TO LEASHES, C.D. 4068).

USES, EXCEPTIONAL OR INCIDENTAL, NOT CONTROLLING
CHIEF USE (see CORK BALLS, NATURAL; FISHING TACKLE AND
PARTS, C.D. 4084).

UTILITARIAN PURPOSES

WORKS OF ART (see STONE CAPITALS; MONUMENTAL OR BUILD-
ING STONE, OTHER, C.D. 4141).

VACUUM

CLEANER, AUTOMOBILE; ENTIRETY (see VACUUM CLEANERS; AUTO-
MOBILE VACUUM CLEANERS, C.D. 4101).

CLEANERS, AUTOMOBILE

Machines, not specially provided for (see VACUUM CLEANERS; AU-
TOMOBILE VACUUM CLEANERS, C.D. 4101).

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273

VACUUM-Continued

CLEANERS, AUTOMOBILE-Continued
Vacuum cleaners

Certain automobile vacuum cleaners were classified, as vacuum
cleaners of the type used in the household, hotels, restaurants, offices,
schools or hospitals, under item 683.00, Tariff Schedules of the United
States, and were claimed to be classifiable, as machines not spe-
cially provided for, under TSUS, item 678.50, or, alternatively, as
electrical articles, not specially provided for, under TSUS, item
688.40.

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;
CORK ARTICLES, C.D. 4127).

WEARING APPAREL OF PLASTIC

SPANGLED SWEATERS, LADIES' (see SWEATERS, LADIES' SPANGLED;
SPANGLES, ARTICLES OF, NOT SPECIALLY PROVIDED FOR,
C.D. 4046).

WIGS

ALL FORMS AND TYPES OF; EO NOMINE PROVISION (see WIGS; DOLLS,
WIGS FOR, C.D. 4147).

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

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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
OF, C.D. 4078).

WIRE
COPPER

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
WIRE, COPPER; INSULATED ELECTRICAL CONDUCTORS,
C.D. 4087).

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.
WIRED INTERCOM

ELECTRIC SOUND AMPLIFIER SETS (see INTERCOM, WIRED; TELE-
PHONIC APPARATUS AND INSTRUMENTS, C.D. 4135).

WITNESS QUALIFIED ALTHOUGH NOT AN EXECUTIVE

CHIEF USE (see AGRICULTURAL AND HORTICULTURAL IMPLE-
MENTS; PLANTING BULLETS, PLASTIC, C.D. 4089).

WOOD

ARTICLES OF

By similitude; plastic food picks (see ARTIFICIAL FLOWERS;
FOOD PICKS, PLASTIC, C.D. 4118).

Figures, collapsible animal (see ANIMAL FIGURES, COLLAP-
SIBLE; TOY FIGURES OF ANIMATE OBJECTS, C.D. 4136).
ARUNDO DONAX (see WOOD STICKS; UNSPUN FIBROUS VEGE-
TABLE MATERIALS, ARTICLES OF, C.D. 4138).

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

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