Imports, Inc. v. United States

DISSENTING OPINION

Richardson, Judge:

Most of the cases in which the third division of the Customs Court has been called upon to decide whether or not a container is a cup have not involved perfect specimens of after-dinner tea or coffee cups, and the division has made its determination according to whether the characteristics of the container in issue predominate in favor of or against classifying it as a cup. When the characteristics of the container have more resembled in physical appearance and use a cup than another article, like for example a mug, the division has classified the container…