Protest 952457-G of Ore & Chemical Corp.

U.S. Customs Court

Protest 952457-G of Ore & Chemical Corp.

2 Cust. Ct. 611

CourtUnited States Customs Court

DecidedMarch 10, 1939

DocketNo. 40801

StatusPublished

This text of 2 Cust. Ct. 611 (Protest 952457-G of Ore & Chemical Corp.) 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 952457-G of Ore & Chemical Corp., 2 Cust. Ct. 611 (cusc 1939).

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Opinion

Opinion by

Cline, J.

It appeared that the lactic acid was imported in carboys which were enclosed in wicker baskets consisting of two parts, a bottom piece and a cover. The glass portion was not marked but there was attached at the junction of the top and the bottom portion of the wicker a tag containing the. words “Made in Germany.” It is contended that the glass bottle and the wicker basket should be considered as one unit and that the complete carboy is the [612]*612immediate container of the acid. The parts were separately assessed. No testimony was submitted showing whether the tags would necessarily, be removed when the top portion of the basket was removed. On the record presented the protest was overruled. United States v. Mulhens (4 Ct. Cust. Appls. 496, T. D. 33917) and United States v. Monteverde 26 C. C. P. A. 112, (C. A. D. 2,) cited.

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Opinion by

Cline, J.

It appeared that the lactic acid was imported in carboys which were enclosed in wicker baskets consisting of two parts, a bottom piece and a cover. The glass portion was not marked but there was attached at the junction of the top and the bottom portion of the wicker a tag containing the. words “Made in Germany.” It is contended that the glass bottle and the wicker basket should be considered as one unit and that the complete carboy is the [612]*612immediate container of the acid. The parts were separately assessed. No testimony was submitted showing whether the tags would necessarily, be removed when the top portion of the basket was removed. On the record presented the protest was overruled. United States v. Mulhens (4 Ct. Cust. Appls. 496, T. D. 33917) and United States v. Monteverde 26 C. C. P. A. 112, (C. A. D. 2,) cited.

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2 Cust. Ct. 611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/protest-952457-g-of-ore-chemical-corp-cusc-1939.

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