Legal Opinion

Vitelli v. United States

Court of Customs and Patent Appeals

Decided April 17, 1912No. 766PublishedCited by 6 opinions

Appeal from Board of United States General Appraisers, G. A. 7266 (T. D. 31831).

1Opinion of the CourtMontgomery, Presiding Judge

The appellants are importers of garlic, which comes into the country with the tops remaining, braided together in strings by "means of the stalk. It is claimed by the importers that this straw or stalk used to tie the garlic together is allowable as tare. There is *172some testimony that in case tbe stalk is insufficient for the purpose additional straw or stalk removed from other garlic is added, but the general practice is to take the garlic as it is harvested and use the top or stalk to braid the same into strings, and these strings are packed in the box or barrel for shipment.

The finding of…

2Cases cited4 opinions

  1. United States v. Gage Bros.Court of Customs and Patent Appeals · 1911
  2. Shallus v. United StatesCourt of Customs and Patent Appeals · 1911
  3. Seeberger v. Wright & Lawther Oil & Lead Manufacturing Co.Supreme Court of the United States · 1895
  4. United States v. Baker Castor Oil Co.Court of Customs and Patent Appeals · 1911

3Cited by6 opinions

  1. Wood v. United StatesCourt of Customs and Patent Appeals · 1913
  2. Austin, Nichols & Co. v. United StatesCourt of Customs and Patent Appeals · 1914
  3. Rosenstein Bros. v. United StatesCourt of Customs and Patent Appeals · 1913
  4. Newport Co. v. United StatesCourt of Customs and Patent Appeals · 1924
  5. American Fruit Growers, Inc. v. United StatesCourt of Customs and Patent Appeals · 1936

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