Protest 3866-K of Whitehall Shipping Co.

U.S. Customs Court

Protest 3866-K of Whitehall Shipping Co.

5 Cust. Ct. 422

CourtUnited States Customs Court

DecidedDecember 9, 1940

DocketNo. 44893

StatusPublished

This text of 5 Cust. Ct. 422 (Protest 3866-K of Whitehall Shipping Co.) 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.

Bluebook

Protest 3866-K of Whitehall Shipping Co., 5 Cust. Ct. 422 (cusc 1940).

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Opinion

Opinion by

Dallinger, J.

The court was of opinion that the merchandise is aluminum scrap in chief value of aluminum as shown by the reports of the Government chemist and the dictionary definition of the word “scrap.” On the facts and the law it was held that the aluminum grindings in question are properly dutiable at the rate of 4 cents per pound under the provision in paragraph 374 for aluminum scrap, and that the classification as crude aluminum at the same rate was error. It was held that the classification must stand since the importer has not made the proper claim.

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Opinion by

Dallinger, J.

The court was of opinion that the merchandise is aluminum scrap in chief value of aluminum as shown by the reports of the Government chemist and the dictionary definition of the word “scrap.” On the facts and the law it was held that the aluminum grindings in question are properly dutiable at the rate of 4 cents per pound under the provision in paragraph 374 for aluminum scrap, and that the classification as crude aluminum at the same rate was error. It was held that the classification must stand since the importer has not made the proper claim.

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Bluebook (online)

5 Cust. Ct. 422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/protest-3866-k-of-whitehall-shipping-co-cusc-1940.