Protest 922941-G of Sprouse-Reitz Co.

U.S. Customs Court

Protest 922941-G of Sprouse-Reitz Co.

11 Cust. Ct. 208

CourtUnited States Customs Court

DecidedJuly 7, 1943

DocketNo. 48513

StatusPublished

This text of 11 Cust. Ct. 208 (Protest 922941-G of Sprouse-Reitz 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.

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Protest 922941-G of Sprouse-Reitz Co., 11 Cust. Ct. 208 (cusc 1943).

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Opinion

Opinion by

Walker, J.

As the rubber projections obviously are bristle like in their appearance and use, and are fastened to what may be called a back, viz, ■the sponge rubber portion of the article, it was the opinion of the court that the .article falls within the scope of Webster’s definition of “brush.” Several witnesses were called. One, the examiner, referred to it in his testimony as a flesh brush used by persons taking a bath or scrubbing their skin. The plaintiff failed to offer evidence tending to establish the chief use of the article. See United States v. Myers (24 C. C. P. A. 464, T. D. 48913). On the record presented, as the plaintiff failed to rebut the presumption of correctness attaching to the collector’s classification, the protest was overruled in all respects.

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Opinion by

Walker, J.

As the rubber projections obviously are bristle like in their appearance and use, and are fastened to what may be called a back, viz, ■the sponge rubber portion of the article, it was the opinion of the court that the .article falls within the scope of Webster’s definition of “brush.” Several witnesses were called. One, the examiner, referred to it in his testimony as a flesh brush used by persons taking a bath or scrubbing their skin. The plaintiff failed to offer evidence tending to establish the chief use of the article. See United States v. Myers (24 C. C. P. A. 464, T. D. 48913). On the record presented, as the plaintiff failed to rebut the presumption of correctness attaching to the collector’s classification, the protest was overruled in all respects.

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11 Cust. Ct. 208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/protest-922941-g-of-sprouse-reitz-co-cusc-1943.