Protest 15159-K of Bailey Green & Eiger, Inc.

U.S. Customs Court

Protest 15159-K of Bailey Green & Eiger, Inc.

8 Cust. Ct. 511

CourtUnited States Customs Court

DecidedMay 6, 1942

DocketNo. 47149

StatusPublished

Cited by2 cases

This text of 8 Cust. Ct. 511 (Protest 15159-K of Bailey Green & Eiger, Inc.) is published on Counsel Stack Legal Research, covering United States Customs Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Protest 15159-K of Bailey Green & Eiger, Inc., 8 Cust. Ct. 511 (cusc 1942).

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Opinion

Opinion by

Oliver, P. J.

Two samples were received in evidence. The buyer of the importing firm testified, among other things, that these buttons are used for buttoning women’s coats and skirts and that he knew of no other use. The examiner at the port of New York testified in behalf of the defendant that he had advisorily classified the merchandise under paragraph 1527. He also testified that exhibit 2 was cast metal and silver-plated, but was unable to state definitely as to exhibit 1 whether it was gold-plated stating that the metal looked like brass. The Government conceded that the merchandise consists of metal buttons embossed with a design, device, pattern, or lettering. From the record presented and in view of United States v. Gaunt (T. D. 41784) the claim at 35 percent under paragraph 349 and T. D. 49458 was sustained.

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Opinion by

Oliver, P. J.

Two samples were received in evidence. The buyer of the importing firm testified, among other things, that these buttons are used for buttoning women’s coats and skirts and that he knew of no other use. The examiner at the port of New York testified in behalf of the defendant that he had advisorily classified the merchandise under paragraph 1527. He also testified that exhibit 2 was cast metal and silver-plated, but was unable to state definitely as to exhibit 1 whether it was gold-plated stating that the metal looked like brass. The Government conceded that the merchandise consists of metal buttons embossed with a design, device, pattern, or lettering. From the record presented and in view of United States v. Gaunt (T. D. 41784) the claim at 35 percent under paragraph 349 and T. D. 49458 was sustained.

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8 Cust. Ct. 511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/protest-15159-k-of-bailey-green-eiger-inc-cusc-1942.

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