Frei Art Glass Co. v. United

*139DISSENTING OPINION

Smith, Judge:

Much to my regret I find myself unable to concur in the prevailing opinion.

The goods imported are mosaics made of bits of colored glass, the product of the glassmaker. The mosaics and the form and color given to them are admittedly the conception and the work of an artist of high order. When completed the mosaics make their appeal to the emotions only and apparently have no utilitarian purpose whatever. They are not the concept or the work of an artisan, but are the offspring of the imagination of the artist and are designed and made up under the exclusive…