Legal Opinion

In re Eisner

U.S. Circuit Court for the District of Southern New York

Decided March 14, 1893PublishedCited by 2 opinions

Appeal by the Importer from a Decision of the United States Board of General Appraisers affirming a decision of the collector of the port of New York.

1Opinion of the Court

GONE, District Judge.

The appraisers found that the merchandise imported was a fluid malt extract dutiable at 40 cents per gallon, under paragraph 338 of the tariff of 1890, which is as follows:

“Malt extract, finid, ⅜ * * in. bottles or jugs, forty cents per gallon; solid or condensed, forty per centum ad valorem.”

*672It is said that this is the first time the term “malt extract” ever appeared in a tariff act. The importer insists that it should have been classified under paragraph 75, which reads as follows:

“All medicinal preparations, including medicinal proprietary preparations, of which…

2Cases cited1 opinion

  1. Ferguson v. ArthurSupreme Court of the United States · 1886

3Cited by2 opinions

  1. Johnson & Johnson v. RutanU.S. Circuit Court for the District of New Jersey · 1903
  2. United States v. HirshCourt of Customs and Patent Appeals · 1917

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