Legal Opinion

Seattle Marine & Fishing Supply Co. v. United States

Court of Customs and Patent Appeals

Decided March 14, 1958No. 4920Published

1Opinion of the CourtRich, Judge

This is an appeal by the importer from a judgment of the United States Customs' Court, First Division, C. D. 1857, overruling the protest against the assessment of duty on vinyl plastic floats imported from Canada for use with fishing nets.

The merchandise was classified as manufactures of cork, not specially provided for, under paragraph 1511, Tariff Act of 1930, by virtue of the similitude clause in paragraph 1559, dutiable at the rate of 45 per cent ad valorem. The element of similarity relied upon was that of use.

The protest claimed that the merchandise was properly classifiable as…

2Cases cited8 opinions

  1. Pickhardt v. MerrittSupreme Court of the United States · 1889
  2. Pittsburgh Plate Glass Co. v. United StatesCourt of Customs and Patent Appeals · 1912
  3. Ringk v. United StatesCourt of Customs and Patent Appeals · 1925
  4. Nevin v. United StatesCourt of Customs and Patent Appeals · 1914
  5. Roovers Bros. v. United StatesUnited States Customs Court · 1949

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