Protest 812182-G of Baker, Carver & Morrell Ship Supplies

U.S. Customs Court

Protest 812182-G of Baker, Carver & Morrell Ship Supplies

11 Cust. Ct. 211

CourtUnited States Customs Court

DecidedJuly 8, 1943

DocketNo. 48524

StatusPublished

This text of 11 Cust. Ct. 211 (Protest 812182-G of Baker, Carver & Morrell Ship Supplies) 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 812182-G of Baker, Carver & Morrell Ship Supplies, 11 Cust. Ct. 211 (cusc 1943).

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Opinion

Opinion by

Cline, J.

The record showed that the merchandise consisted of 14 drums containing boiler compound; that tags bearing the word “Norway” were attached by wire to the caps of the drum; and that the importer was required to stencil the words “Product of Norway” on the drums before they were released. The plaintiff cited Abstract 42581 and Greene v. United States (4 Cust. Ct. 97, C. D. 296), in which cases the marking was placed on paper tags and attached in such manner that it would not be removed when the containers were opened. .'The court stated that the cap of a drum is a part of the drum and quite different from a string closing the mouth of a bag, that it would not be removed from a drum containing liquid, and, even if it were removed to examine the liquid it would necessarily be replaced on the drum to protect the contents; and that such merchandise as that involved herein usually goes to the consumer in the original drum as imported. On the record it was held that the merchandise was legally marked. United States v. Monteverde & Parodi (26 C. C. P. A. 112, C. A. D. 21 distinguished.

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Opinion by

Cline, J.

The record showed that the merchandise consisted of 14 drums containing boiler compound; that tags bearing the word “Norway” were attached by wire to the caps of the drum; and that the importer was required to stencil the words “Product of Norway” on the drums before they were released. The plaintiff cited Abstract 42581 and Greene v. United States (4 Cust. Ct. 97, C. D. 296), in which cases the marking was placed on paper tags and attached in such manner that it would not be removed when the containers were opened. .'The court stated that the cap of a drum is a part of the drum and quite different from a string closing the mouth of a bag, that it would not be removed from a drum containing liquid, and, even if it were removed to examine the liquid it would necessarily be replaced on the drum to protect the contents; and that such merchandise as that involved herein usually goes to the consumer in the original drum as imported. On the record it was held that the merchandise was legally marked. United States v. Monteverde & Parodi (26 C. C. P. A. 112, C. A. D. 21 distinguished.

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