Legal Opinion

United States v. Britt

Court of Customs and Patent Appeals

Decided May 1, 1916No. 1660PublishedCited by 2 opinions

Appeal from Board of United States General Appraisers, G. A. 7814 (T. D. 35896).

1Opinion of the CourtBarber, Judge

The merchandise in this case is malt extract imported in bottles. It is invoiced as “Loeflund’s Malt Extract,” and the bottle containing the same is so labeled. It is composed, as shown by the chemist’s report, of 85.70 per cent solids and 14.30 per cent water. The question is whether it is dutiable at 45 cents per gallon as fluid malt extract, as claimed by the importers and held by the Board of General Appraisers, or at 45 per cent ad valorem as condensed malt extract, as assessed by the collector and claimed by the Government under paragraph 246 of the act of 1913, which reads as follows:

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2Cases cited1 opinion

  1. United States v. Eisner & Mendelsohn Co.Court of Appeals for the Second Circuit · 1894

3Cited by2 opinions

  1. Smith & Co. v. United StatesCourt of Customs and Patent Appeals · 1918
  2. United States v. HirshCourt of Customs and Patent Appeals · 1917

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