INDEX-DIGEST Decisions Published During the Period Classification C.D. 4812 through C.D. 4820 C.D. 4828 through C.D. 4834 Valuation C.D. 4821 C.D. 4825 C.D. 4827 Rules C.R.D. 79-12 through C.R.D. 79–18 (283) INDEX-DIGEST Classification Page. ACTION DISMISSED (see DISMISSAL OF ACTION, C.D. 4834). DUE PROCESS (See SULPHUR, ELEMENTAL, C.D. 4823). TARIFF COMMISSION (see SULPHUR, ELEMENTAL, C.D. 4823). ANALOGOUS BIOLOGICAL PRODUCT (see DIAGNOSTIC SERUM, ANTIDUMPING (see SULPHUR, ELEMENTAL, C.D. 4823). ANTIQUES (see CORAL AND JADE CARVINGS, C.D. 4829). DUTY-FREE ENTRY (see CORAL AND JADE CARVINGS, C.D. 4829). ARTICLES EXPORTED TO THE UNITED STATES BEFORE 12:01 A.M. *** September 21, OF COPPER, NOT COATED OR PLATED WITH PRECIOUS METAL (see UNFIN- BALUNS, IMPEDANCE MATCHING COUPLERS, MATCHING TRANS- FORMERS OTHER TRANSFORMERS Certain merchandise known as baluns, impedance matching cou- Defendant in its brief conceded that model CA-2600F had two co- Appealed to U.S. Court of Customs and Patent Appeals, appeal 80-2 SERUM USED FOR DIAGNOSIS (see DIAGNOSTIC SERUM, C.D. 4830). 37 BRAIDS LEGISLATIVE HISTORY (see HANDBAGS, C.D. 4813). BURDEN OF PROOF CLASSIFICATION (see HUNTING KNIVES, C.D. 4832). (see PHOTOTYPESETTING MACHINES, C.D. 4815). CARVINGS CORAL (see CORAL AND JADE CARVINGS, C.D. 4829). ELECTRICAL Insulators (see TRANSLUCENT ALUMINA TUBES, C.D. 4817) *** Other (see TRANSLUCENT ALUMINA TUBES, C.D. 4817). CHIEF USE (see MOTION TO DISMISS GRANTED, C.D. 4828). CLASSIFICATION BURDEN OF PROOF (see HUNTING KNIVES, C.D. 4832). (see PHOTOTYPESETTING MACHINES, C.D. 4815). HUNTING KNIVES WITH METAL POMMELS AND METAL GUARDS (see HUNT- TRADE MEANING (see HUNTING KNIVES, C.D. 4832). CLOCK-RADIOS SOLID-STATE (TUBELESS) RADIO RECEIVERS This matter was before the Customs Court on cross-motions for summary judgment, pursuant to rule 8.2(a) of the court. The issue presented was identical to that in Montgomery Ward & Co., Inc. v. United States, 74 Cust. Ct. 125, C.D. 4596 (1975). Certain solid-state (tubeless) clock-radios were classified under item 685.23, Tariff Schedules of the United States, as modified by T.D. 68–9, as solid-state (tubeless) radio receivers. Plaintiff claimed the importations were properly classifiable under TSUS item 685.50, as modified, as other combination articles, or alternatively, under TSUS item 685.25, as modified, as other radio reception apparatus. Additionally, pursuant to schedule 7, part 2, subpart E, headnote 5, TSUS, the clock movements were constructively separated from the remainder of the merchandise and separately assessed with duty at the rate of 45 cents per clock, the rate applicable to TSUS item 770.02, as modified. Plaintiff in its reply brief stated that it was not challenging the separate assessment of duties on the clock movements, although it had contested that assessment in its complaint. Accordingly, the court dismissed that claim. Agreeing with defendant's position for the reasons previously expressed in Montgomery Ward & Co., Inc. v. United States, supra, at 132–133, the court held that the solid-state (tubeless) radio receivers were properly classifiable under TSUS item 685.23, "whether or not incorporating clocks, or other timing apparatus". Accordingly, defendant's motion for summary judgment was granted, plaintiff's cross-motion was denied; and, the action was dismissed. General Electric Company, C.D. 4822-- Appealed to U.S. Court of Customs and Patent Appeals, appeal 79-39 AND COMMERCIAL MEANING; TARIFF TERMS (see COTTON FISHING NET, MEANING Enlarger (see PHOTOTYPESETTING MACHINES, C.D. 4815). Presumption as to (see COTTON FISHING NET, C.D. 4819). Page 56 COMMUNION PINS Jewelry and other objects of personal adornment, other This case came before the Customs Court on cross-motions for summary judgment. Certain Communion pins imported from Italy were classified under item 740.38, Tariff Schedules of the United States, as modified by T.D. 68-9, as other jewelry and other objects of personal adornment valued over 20 cents per dozen pieces or parts, and were claimed to be properly classifiable under TSUS item 740.60, as modified by T.D. 68-9, as other religious articles of a purely devotional character designed to be worn on apparel or carried on or about or attached to the person. The single issue for determination was whether the imported Communion pins were "purely devotional" within the meaning of item 740.60. On the record presented, the court found that the Communion pins at bar were commemorative in nature much in the manner of a graduation pin or ring; that they were not of a purely devotional character, but rather were "really a memento of the religious event." Holding that plaintiff had failed to sustain its burden of establishing that the imported Communion pins were of a purely devotional character within the meaning of TSUS item 740.60, the court denied plaintiff's motion for summary judgment and granted defendant's cross-motion. Accordingly, the action was dismissed. Loffredo Bros., Inc., C.D. 4833_ CONFIDENTIAL BUSINESS DATA TARIFF COMMISSION RULES OF PRACTICE AND PROCEDURE, RULE 201.6 (see SULPHUR, ELEMENTAL, C.D. 4823). TRADE SECRETS (see SULPHUR, ELEMENTAL, C.D. 4823). JUDICIAL DETERMINATION; DUE PROCESS REQUIREMENTS (see SHIP RE- PRESUMPTION (see SHIP REPAIRS, C.D. 4820). CONSTRUCTION ADDITIONAL DUTY ORDER (1971) No. 3 (see DATE OF EXPORTATION TO THE UNITED STATES, No. 4 (see DATE OF EXPORTATION TO THE UNITED STATES, ANTIDUMPING ACT, SEC. 201(a) (see SULPHUR, ELEMENTAL, C.D. "ARTICLES EXPORTED TO THE UNITED STATES BEFORE 12:01 A.M. * * September 21, 1976 ***” (see DATE OF EXPORTATION TO THE UNITED STATES, C.D. 4826). CODE OF FEDERAL REGULATIONS Title 19 Sec. 14.3 (b) (1972) (see DATE OF EXPORTATION TO THE Sec. 152.1 (c) (1976) (see DATE OF EXPORTATION TO THE Sec. 174.29 (1974) (see DISMISSAL OF ACTION, C.D. 4834). Sec. 14.3 (b) (see DATE OF EXPORTATION TO THE UNITED Sec. 152.1 (c) (see DATE OF EXPORTATION TO THE UNITED Sec. 173.4 (see DISMISSAL OF ACTION, C.D. 4834). DATE OF EXPORTATION (see DATE OF EXPORTATION TO THE UNITED NOT SPECIALLY PROVIDED FOR CLAUSE (see SOLUTION ADMINISTRA- Page 147 |