Legal Opinion

Fynaut v. United States

Court of Customs and Patent Appeals

Decided January 6, 1936No. 3878Published

1Opinion of the CourtLenRoot, Judge

This appeal brings before us for review a j udgment of the United ■States Customs Court, Third Division, overruling the protest of *266appellants against the classification by the collector at the port of New York of certain merchandise as vegetables in their natural state, under paragraph 774 of the Tariff Act of 1930, and its assessment with duty by him at the rate of 50 per centum ad valorem. Said protest claimed that said merchandise was dutiable under paragraph 776 of said act at 2 cents per pound as “chicory, crude.”

The pertinent provisions of the competing paragraphs read as follows:

Par.…

2Cases cited5 opinions

  1. Togasaki v. United StatesCourt of Customs and Patent Appeals · 1925
  2. United States v. Danker & MarstonCourt of Customs and Patent Appeals · 1912
  3. United States v. Rice Co.Court of Customs and Patent Appeals · 1919
  4. United States v. American Chicle Co.Court of Customs and Patent Appeals · 1920
  5. Recknagel v. MurphySupreme Court of the United States · 1880

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