Aceto Chemical Co. v. United States

Watson, Judge:

These cross-motions for summary judgment center on the presence in the imported fungicide of about three-quarters of a percent of a benzenoid wetting agent. The wetting agent, which is not itself fungicidal in nature, eases the dispersion of the powder in liquid and thus aids the spreading and penetration of the fungicide in wet spray form. It should be noted that the importation may also be applied in a dry form by dusting.

*168The government, relying on the presence of the wetting agent; classified the importation as a mixture in part of a "benzenoid” product.1 Plaintiff claims the…