United States v. Todd & Co.

CONCURRING OPINION BY

DE VRIES, JUDGE.

This merchandise consists of “white earthenware embossed in the mold.” Because the earthenware is. not embossed by'superadded process but “in the mold,”' for the reasons set forth in the dissenting opinion in Smith & Co. v. United States (8 Ct. Cust. Appls., 256, 262; T. D. 37535), I concur in the result herein. By the same deductions I am unable to agree with the reasoning herein that any ornamentation or decoration, not super added, is within the purview of paragraph 79 of the tariff act of 1913, as “ornamented or decorated.” While such may be…