Protest 720803-G of Kean

U.S. Customs Court

Protest 720803-G of Kean

17 Cust. Ct. 158

CourtUnited States Customs Court

DecidedJune 27, 1946

DocketNo. 51216

StatusPublished

This text of 17 Cust. Ct. 158 (Protest 720803-G of Kean) 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 720803-G of Kean, 17 Cust. Ct. 158 (cusc 1946).

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Opinion

Opinion by

Kincheloe, J;

It was agreed between counsel that the merchandise in question is similar in all material respects to the rags whieh-were the subject of United States v. Schapiro & Sons (24 C. C. P. A. 343, T. D. 48771) and J. Milton Hagy Waste Works v. United States (2 Cust. Ct. 385, C. D. 162), in which cases it was established that certain cotton rags were free of duty under paragraph 1750, but that, if commingled with dutiable goods, there must be a segregation under section 508. It was held that the récord herein sufficiently showed that a reqüest for segregation was made by the plaintiff and that the segregation was performed 'in the manner and within the time provided by section 508. Following the decisions cited, the protest was sustained, the court holding certain percentages of the merchandise to be paper-stock rags.

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Opinion by

Kincheloe, J;

It was agreed between counsel that the merchandise in question is similar in all material respects to the rags whieh-were the subject of United States v. Schapiro & Sons (24 C. C. P. A. 343, T. D. 48771) and J. Milton Hagy Waste Works v. United States (2 Cust. Ct. 385, C. D. 162), in which cases it was established that certain cotton rags were free of duty under paragraph 1750, but that, if commingled with dutiable goods, there must be a segregation under section 508. It was held that the récord herein sufficiently showed that a reqüest for segregation was made by the plaintiff and that the segregation was performed 'in the manner and within the time provided by section 508. Following the decisions cited, the protest was sustained, the court holding certain percentages of the merchandise to be paper-stock rags.

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Bluebook (online)

17 Cust. Ct. 158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/protest-720803-g-of-kean-cusc-1946.

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