A. L. Causse Mfg. Co. v. United States
U.S. Circuit Court for the District of Southern New York
On Application for Review of a Decision of the Board of United States General Appraisers. For decision under review, see G. A. 5,917 (T. D. 26,029) affirming the assessment of duty by the collector of customs at the port of New York.
Read the full summary
On Application for Review of a Decision of the Board of United States General Appraisers. For decision under review, see G. A. 5,917 (T. D. 26,029) affirming the assessment of duty by the collector of customs at the port of New York. The pertinent portions of the paragraphs of Tariff Act July 24, 1897, c. 11, referred to in the following opinion, read as follows: “262. Apples, peaches, quinces, cherries, plums, and pears, green or ripe, twenty-five cents per bushel; apples, peaches, pears, and other edible fruits, including berries, when dried, desiccated, evaporated or prepared in any…
1Opinion of the Court
HAZEL, District Judge.
The evidence of the importers that the articles in question (cherries) are fruits in brine is insufficient. The term “brine” as applied to water, according to the dictionary definition, is highly impregnated with salt; while the merchandise in question only variously contained .0118 per cent., !0174 per cent., and .0402 per cent, of salt. The lexicographers’ meaning of the word “brine,” in the absence of a commercial meaning, prevents the court from holding that the small quantity of salt present constituted such a saline solution as that *691mentioned in the tariff act.…
2Cases cited1 opinion
- Johnson v. United StatesU.S. Circuit Court for the District of Southern New York · 1895
3Cited by3 opinions
- Delapenha v. United StatesCourt of Customs and Patent Appeals · 1915
- Sardik, Inc. v. United StatesUnited States Customs Court · 1942
- Moscahlades Bros. v. United StatesUnited States Customs Court · 1942