Legal Opinion

Clayton Chemical & Packaging Co. v. United States

United States Customs Court

Decided September 18, 1957No. 61199; protests 231869-K/5459, 231870-K/5460, and 231874-K/5605 (Chicago)Published

1Opinion of the Court

Wilson, Judge:

The merchandise involved, which is known by the trade name “Phenidone,” was classified by the collector at the rate of 45 per centum ad valorem, plus 7 cents per pound, under paragraph 28 (a) of the Tariff Act of 1930 as “photographic chemicals” of coal-tar origin. Plaintiff, in its protests, claims that the material in question is properly classifiable under paragraph 5 of the act at the rate of 25 per centum ad valorem as a chemical compound, not specially provided for, and, alternatively, that the importation, if not properly classifiable under paragraph 5, should be assessed…

2Cases cited10 opinions

  1. Magone v. HellerSupreme Court of the United States · 1893
  2. Magone v. WiedererSupreme Court of the United States · 1895
  3. Richardson Co. v. United StatesCourt of Customs and Patent Appeals · 1917
  4. Vandiver v. United StatesCourt of Customs and Patent Appeals · 1911
  5. United States v. HempsteadCourt of Customs and Patent Appeals · 1912

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