Legal Opinion · Dissent

Tower v. United States

United States Customs Court

Decided February 3, 1955No. C. D. 1678Published

1Dissent

DISSENTING OPINION

Foed, Judge:

From the briefs of counsel and the majority opinion, it is clear that the involved merchandise has been considered as having been classified as a lead ore, rather than as a lead-bearing ore. I readily concede that the involved merchandise is not a lead ore. The question is whether or not the involved merchandise is a lead-bearing ore, not whether it is a lead ore. The collector first classified the involved merchandise as “pyrites,” which counsel have agreed is a sulphur ore, and accorded free entry to such merchandise under paragraph 1777 of the Tariff Act of…

2Cases cited4 opinions

  1. Marriott v. BruneSupreme Court of the United States · 1850
  2. American Smelting & Refining Co. v. United StatesCourt of Customs and Patent Appeals · 1926
  3. Consolidated Kansas City Smelting & Refining Co. v. United StatesCourt of Customs and Patent Appeals · 1911
  4. United States v. BrewsterCourt of Appeals for the Fifth Circuit · 1909

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