In re Fellheimer
U.S. Circuit Court for the District of Southern New York
This was an application by Fellheimer & Lindauer, importers of certain articles of wearing apparel for women, for a review of the decision of the board of general appraisers sustaining the decision of the collector of the port of New York as to the rate of duty on such merchandise. The importations consisted of articles of wearing apparel for women, appropriately trimmed.
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This was an application by Fellheimer & Lindauer, importers of certain articles of wearing apparel for women, for a review of the decision of the board of general appraisers sustaining the decision of the collector of the port of New York as to the rate of duty on such merchandise. The importations consisted of articles of wearing apparel for women, appropriately trimmed. The collector assessed them under paragraph 373 of the act of 1890. The importers protested, under paragraph 349 of same act.
1Opinion of the CourtCoxe, District Judge
(orally). It seems to me that the proposition that a fabric made on a loom with a Jacquard attachment is not embroiderv, has been determined by the circuit court of appeals. U. S. v. Albert, 9 C. C. A. 332, 60 Fed. 1012. How can a machine that is incapable of embroidering dots, sprays, etc., embroider the figures appearing on the article in suit? I do not see how I can say that the same machine which the court has held cannot embroider, can embroider. The two cases cannot be distinguished. It is clear, in view of this decision, that the court, cannot say that a fabric made in this way is…
2Cases cited1 opinion
- United States v. AlbertCourt of Appeals for the Second Circuit · 1894