Romicks International, Inc. v. United States

CONCURRING OPINION

Maletz, Judge:

I agree that the importations were correctly classified by the district director under item 649.79. In that circumstance, it is entirely unnecessary to consider — as does the majority — whether or not plaintiff has, in support of its affirmative claim under item 651.47, made a prima facie showing that the imported articles are wholly or in chief value of steel. Hence, that portion of the opinion dealing with this question is mere dictum.

While I too would conclude — were it necessary for decision — that the record demonstrates that the importations 'are in chief…