The Washington herald., 1916-05-24
U. S. Court of Customs Appeals.

Present: Presiding Judge Montgomery,
and Associate Judges Smith, Barber, De
Yries and Martin.
The following decisions were handed
down today:
No. lG5EFondevtIle & Won Idberstine
VS.. United States. Opinion by Smith, as
sociate judge. Plain stemmed glassware
was assessed by the collector as articles
OF blown glass. The importers protested
that it was properly dutiable as manu-
factures of glass. The board OF general
appraisers sustained the protest of the
importers and the decision of the board
is affirmed
No. l5r-St. Elmo Cigar Company VS.
United States. opinion by De Nries, as
soc!ate judge. The issue in this case Is
whether certain tobacco imported from
Cuba is properly dutiable as wrapper to-
bacco, as assessed by the collector, or
as filler tobacco, as claimed by the i'm
porter. The board Of general appraisers
overruled the protest of the importer and
the decision Of the board is affirmed.
No. 155o-United States VS.. \. H
Leavitt Opinion by Martin, associate
Judge. Spruce gum, cleaned, was assess
ed by the collector at 10 per cent as gum
advanced in value The board Of general
appraisers sustained the protest Of the
importer and the decision of the board
is reversed.
No. 165-National Zinc Company VS.
United States. Opinion by Martin. asso-
ciate Judge. Zinc-bearing ores were as
sessed by the collector with certain ad-
ditional duties because the importers had
entered the zinc at a lower value per
ton than the actual market value in
this country at the time OF Importation.
The importers protested against the as
sessment of the additional duty. The
board OF general appraisers overruled the
protest Of the importers, and the decision
of the board is affirmed.
162S-StOne & Company vs.. United
States. Opinion by Montgomery, presid-
ing judge. Paper was assessed by the
collector as imitation parchment paper
The importer protested that it was prop
erly dutiable as typewriter or imita ton
onionskin paper. The board Of general
appraisers overruled the protest Of the
importers and the decision of the board
is affirmed
No. 1C3f-Schaefer Alkaloid Works VS.
United States. Opinion by Smith. asso-
Ciate judge. Tea sweepinEs mixed with a
percentage of lime and asafetida appar-
emily for the purpose Of preventing their
consumption as tea were assessed by the
collector at l cent per pound as tea
sweepings. The importers protested that
they were properly dutiable at lower
rates as waste or a nonenumerated ar
tIcle, or free OF duty as q crude drug.
The board OF general appraisers over
ruled the protest OF the importers and
the decision Of the board is affirmed.
No. 16S6-M. A. eraser Rothe VS.. United
States. Opinion by Barber, associate
judge. The merchandise was assessed by
the collector as chair canes manufactured
from rattan. The importer protested that
It was properly free OF duty as rough
rattan sticks cut in lengths only. The
board Of general appraisers overruled the
protest OF the importer and the decision
Of the board Is affirmed.
No. 1695-United States vs.. sussreld,
Lorsch & Company. Opinion by Mont
gomery, presiding Judge. Pedometers
were assessed by the collector as ar
ticles to be worn on or carried about the
person. The importers protested that
they were properly dutiable as manu-
faCtUres Of metal. The board Of general
appraisers sustained the protest Of the
importers and the decision OF the board
is affirmed.
No. ls4LUnited States VS.. American
Bead Company. Opinion By Smith, asso-
C!ate Judge. Ro>artes Of metal and glass
metal chief value. were assessed by the
collector as articles designed to be car
rted on or about the person. The i'm
porters protested that they were proper
" dutiable as menufa ctures OF metal.
The board Of general appraisers sustained
the protest Of the importers and the de-
cIsion OF the board is affirmed
No. 1s53-Bischofr & Company vs. Unit
ed States. Opinion by Barber. associate
judge. Cigar lighters composed Of gilt
and enameled metal were assessed by the
collector IS 50 per cent as Jewelry The
importers protested that they were prop
erly dutiable at 30 per cent as smoker
articles. The board Of general appraisers
overruled the protest of the importers
and the decision Of the board is aflrned
Nos. 1910 and 1642-United States VS.
Malhami & Company and United States
vs. WOOlworth & Company. Opinion BY
Martin, associate Judge Rosaries were
assessed by the collector as articles de-
signed to be carried on or about the
person The importers protested that they
were properly dutiable as manufactures
Of metal The board Of general ap-
praisers sustained the protest OF the i'm
DOrters. There was no testimony and nc
samples in this case. The decision Of the
board is reversed on the ground that
there was no information upon which
TO overrule the action Of the collector
No. l65-General Electric Company vs..
United States. Opinion by De Vries, as
sociate judge. Parabolic mirrors were
assessed by the collector as articles OF
glass. The importers protested they were
properly dutiable as cast polished plate
glass. The board Of general appraisers
overruled the protest Of the importers
and the decision Of the board Is reversed
No. 1901 and 1619-American Bead Com
pany vs. United States and wolfr &
COMPANY VS.. United States Bead neck.
laces or chains. Petition Of appellee for
rehearing denied.