Protests 910521-G of Leonard Levin Co.

U.S. Customs Court

Protests 910521-G of Leonard Levin Co.

1 Cust. Ct. 396

CourtUnited States Customs Court

DecidedSeptember 15, 1938

DocketNo. 39357

StatusPublished

This text of 1 Cust. Ct. 396 (Protests 910521-G of Leonard Levin 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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Protests 910521-G of Leonard Levin Co., 1 Cust. Ct. 396 (cusc 1938).

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Opinion

[397]*397Opinion by

Stjllivan, J.

The sole question at issue here is whether these beads are imitation precious or semiprecious stones. There was some evidence that after importation beads like those in question are made to imitate pearls. This was held to be immaterial. It is the condition as imported that controls the classification of the merchandise. United States v. International Forwarding Co. (15 Ct. Cust. Appls. 198, T. D. 42235) and G. A. 8886 (T. D. 40463) cited. It was found that some of the merchandise imitates white agate or chalcedony, white onyx, or white jade — all semiprecious stones — and others resemble rock crystal. They were therefore found to be in imitation of semiprecious stones and the protests were overruled.

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[397]*397Opinion by

Stjllivan, J.

The sole question at issue here is whether these beads are imitation precious or semiprecious stones. There was some evidence that after importation beads like those in question are made to imitate pearls. This was held to be immaterial. It is the condition as imported that controls the classification of the merchandise. United States v. International Forwarding Co. (15 Ct. Cust. Appls. 198, T. D. 42235) and G. A. 8886 (T. D. 40463) cited. It was found that some of the merchandise imitates white agate or chalcedony, white onyx, or white jade — all semiprecious stones — and others resemble rock crystal. They were therefore found to be in imitation of semiprecious stones and the protests were overruled.

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1 Cust. Ct. 396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/protests-910521-g-of-leonard-levin-co-cusc-1938.

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