INDEX-DIGEST Classification ACTION AGAINST SAME ENTRY, SECOND CIVIL PROTEST FOR EACH ENTRY, FILING OF MORE THAN ONE (see PROTEST, ADMINISTRATION MARKING DUTIES Certain non-glare glass was assessed with marking duties under On the record presented, the court held that in the absence of evi- PROOF, SUSTAINED, BURDEN OF (see MAN-MADE FIBERS, C.D. 4600). ARTICLES NOT SPECIALLY PROVIDED FOR, OF WOOD SILICA, NOT SPECIALLY PROVIDED FOR Certain silica balls, described on the invoice as "earth argillaceous," The court held that the evidence adduced at the trial and post-trial MOUNTINGS, NOT SPECIALLY PROVIDED FOR, SUITABLE FOR DOORS, (see Certain brackets for door closers were classified as mountings, not The court held that the provision for parts of door closers more (335) Page 66 71 134 BURDEN OF PROOF EVIDENCE (see SHOE MACHINERY, IN WHOLE OR IN PART, C.D. 4601). PRESUMPTION OF CORRECTNESS (see ELECTRIC FILAMENT LAMPS, C.D. 4585). (see MATS, PLASTIC TABLE, C.D. 4592). (see TRACHEOTOMY AND NASOPHARYNGEAL TUBES, C.D. 4599). (see SHOE MACHINERY, IN WHOLE OR IN PART, C.D. 4601). CABANA SETS (see ENTIRETIES, C.D. 4579). CARBON, ARTICLES COMPOSED WHOLLY OR IN PART OF (see CASTINGS, HUB CAST-IRON ARTICLES (see HUB CASTINGS, C.D. 4580). CAST-IRON ARTICLES (see HUB CASTINGS, C.D. 4580). CATHETERS (see TRACHEOTOMY AND NASOPHARYNGEAL TUBES, CEMENT COMMON MEANING (see CHEMICALS, C.D. 4578). NOT SPECIALLY PROVIDED FOR (see CHEMICALS, C.D. 4578). CERAMIC WARE DECANTERS NONBONE CHINAWARE DECANTERS (see DECANTERS, CERAMIC WARE, CHEMICALS CEMENT, NOT SPECIALLY PROVIDED FOR Certain merchandise with the trade name Desmocoll 400 was classified as "plastic materials" under item 405.25, Tariff Schedules of the United States, as modified by Presidential Proclamation 3822, and was claimed to be more specifically provided for as cement, not specially provided for, under TSUS item 494.60, as modified. The court held that the imported merchandise, which was dissolved after importation and used to bond polyvinyl chloride to itself as well as to other substances such as leather and rubber is a cement within the common meaning of that term. Accordingly, plaintiff's claim for classification as a cement, not specially provided for, under item 494.60, was sustained. Naftone, Inc., C.D. 4578__ Appealed to U.S. Court of Customs and Patent Appeals, Appeal 75-21 PLASTIC MATERIALS (see CHEMICALS, C.D. 4578). CHIEF USE CLASS OR KIND OF MERCHANDISE (see ELECTRIC FILAMENT LAMPS, "CHRISTMAS-TREE LAMPS" COMMON MEANING (see ELECTRIC FILAMENT LAMPS, C.D. 4585). (see ELECTRIC FILAMENT LAMPS, C.D. 4585). EO NOMINE PROVISION (see ELECTRIC FILAMENT LAMPS, C.D. 4585). CLASS OR KIND OF MERCHANDISE CHIEF USE (see ELECTRIC FILAMENT LAMPS, C.D. 4585). CLAY AS ESSENTIAL INGREDIENT STONEWARE (see DECANTERS, CERAMIC WARE, C.D. 4594). COMBINATION ARTICLES, OTHER (see CLOCK-RADIOS, C.D. 4596). Certain solid-state (tubeless) clock-radios were classified as solidstate (tubeless) radio receivers under item 685.23, Tariff Schedules of the United States, and were claimed to be classifiable as radio reception apparatus under TSUS item 685.25. Alternatively, plaintiff claimed that the imported merchandise was properly classifiable as other combination articles under TSUS item 685.50. The court held that the superior heading to items 685.10 through 685.50, TSUS, covers certain enumerated articles, including radio Page 1 CLOCK-RADIOS-Continued SOLID STATE (TUBELESS) RADIO RECEIVERS-Continued reception apparatus, "whether or not incorporating clocks or other CLOTHING AND ARTICLES OF WEARING APPAREL, WHOLLY OR ACID Certain merchandise invoiced as "Cresylic Compounds Grade 2490," was classified as other coal tar distillates under item 403.46, Tariff Schedules of the United States, and was claimed to be classifiable as cresylic acid under TSUS item 403.42. On the record presented, the legislative history, dictionary definitions and lexicographic authorities, the court held that the imported merchandise, a chemical product consisting of between 88% to 90% of socalled 2, 4 xylenol, was properly classified under item 403.46 of the tariff schedules as a coal tar distillate rather than under item 403.42 as cresylic acid, as claimed by the plaintiff. Accordingly, the actions were dismissed. Productol Chemical Co., C.D. 4598–– COMPOUND (see COAL TAR DISTILLATES, OTHER, C.D. 4598). COMBINATION ARTICLES, OTHER (see CLOCK-RADIOS, C.D. 4596). COMMON MEANING CEMENT (see CHEMICALS, C.D. 4578). "CHRISTMAS-TREE LAMPS" (see ELECTRIC FILAMENT LAMPS, C.D. CRESYLIC ACID (see COAL TAR DISTILLATES, OTHER, C.D. 4598). YIELDS TO CONTRARY LEGISLATIVE INTENT; STATUTORY CONSTRUCTION (see CONGRESS DUTIES, AUTHORITY TO LEVY (see KNIVES AND FORKS, C.D. 4582). CONGRESSIONAL INTENT EO NOMINEE DESIGNATION (see PLYWOOD, C.D. 4583). CUSTOMS REGULATIONS, SEC. 11.10 (a) (1968) (see ADMINISTRATION, CUSTOMS SIMPLIFICATION ACT OF 1954 (see KNIVES AND FORKS, C.D. PRESIDENTIAL PROCLAMATION NO. 3323 (see KNIVES AND FORKS, C.D. 4582). 3548 (see KNIVES AND FORKS, C.D. 4582). 3694 (see WOOD PRODUCTS, C.D. 4588). 3813 (see WOOD PRODUCTS, C.D. 4588). 3822 (see BALLS, SILICA, C.D. 4587). (see CHEMICALS, C.D. 4578). (see CLOCK-RADIOS, C.D. 4596). PUBLIC LAW 87-794 Sec. 101 (see KNIVES AND FORKS, C.D. 4582). Sec. 103 (see KNIVES AND FORKS, C.D. 4582). RULES OF THE U.S. CUSTOMS COURT Rule 4.7(b) (see PROTEST, MOTION TO DISMISS, C.D. 4591). (see MAN-MADE FIBERS, C.D. 4600). (see REELS, STAINLESS STEEL, C.D. 4589). Page 125 138 |