United States v. Perry Ryer & Co.

The Government here appeals from the judgment entered by the Second Division of the United States Customs Court in conformity with its decision, C. D. 1403, 28. Cust. Ct. 153, wherein the collector’s classification of and duty assessment on the involved merchandise were held to be erroneous and the protest of the importer sustained.

The importation consists of a mechanical device described on the consular invoice as “One Press for applying pigments to sheet material.” It consisted of an article covered by United States Patent No. 2,302,096, issued November 17, 1942, to one A. P. Battey, an…