Western Stamping Corporation v. The United States (Louis Marx & Co., Inc., Party-In-Interest)

(dissenting) .

I believe that the appellant successfully carried the two burdens of proof customs jurisprudence imposes on protesters.

Initially, the appellant proved by a preponderance of the evidence that the items in question are not classifiable as typewriters. The commercial meaning, not the common dictionary definition, of the word “typewriter” controls in this case. It is a fundamental principle of customs law that commercial meaning will be followed if it differs from the common definition and if its use is well established in the trade. Cadwalader v. Zeh, 151 U.S. 171, 176, 14 S.Ct.…