Legal Opinion

Danish Bakers, Inc. v. United States

United States Customs Court

Decided November 9, 1964No. C.D. 2490Published

1Opinion of the Court

Donlon, Judge:

Three protests have been consolidated for trial. The question is whether frozen turnovers are within the eo nomine specification of paragraph 733 which enumerates biscuits, wafers, cakes, cake, and similar baked articles.

It appears that these turnovers, if they were baked, would be within the enumeration. A turnover is a pie, or tart, of which about half of the crust is folded over to enclose the filling, such as fruit. These turnovers were filled with fruits.

As imported, the turnovers were not baked. That is, they had not been subjected to dry heat of a degree and for a period…

2Cases cited4 opinions

  1. Kotzin Bros. v. United StatesCourt of Customs and Patent Appeals · 1926
  2. Overton & Co. v. United StatesCourt of Customs and Patent Appeals · 1912
  3. Norge Division, Borg-Warner Corp. v. United StatesUnited States Customs Court · 1960
  4. William Adams, Inc. v. United StatesUnited States Customs Court · 1963

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