McMullen & Co. v. United States
McMullen & Co. v. United States
Opinion of the Court
The merchandise in question comprises certain glass bottles, having the name “Thos. McMullen & Co.’s White Label” placed thereon by means of the sand-blast process. They were assessed for duty under the provisions of paragraph 99, Schedule B, § 1, c. 11, Act July 24, 1897, 30 Stat. 156 (U. S. Comp. St. 1901, p. . 1633), as “plain * * * glass bottles,” at one cent per pound, and were claimed to be dutiable at 60 per cent, ad valorem, as “glass bottles, * * .* ground,” under the provisions-of paragraph 100 of said act, Schedule B, § 1, c. 11, 30 Stat. 157 (U. S. Comp. St. 1901, p. 1633).
The evidence shows that the sand-blast process by which the name has been placed on the bottles is a process of grinding, and that the bottles are ground. The only contention of counsel for the government is that the word “ground” necessarily involves ground for purposes of decoration or ornamentation, under the decisions in Koscherak v. United States, 39 C. C. A. 166, 98 Fed. 596, and Stern v. United States, 45 C. C. A. 141, 105 Fed. 937. But the decisions in
The decision of the board of general appraisers is reversed.
Reference
- Full Case Name
- THOS. McMULLEN & CO. v. UNITED STATES
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- 2 cases
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- Syllabus
- L Customs Duties—Classification—Ground Glass. The provision in paragraph 100, Schedule B, § 1, c. 11, Tariff Act July 24, 1897, 30 Stat. 157 (U. S. Comp. St. 1901, p. 1633), for “glass bottles, decanters, or other vessels or articles of glass, cut, engraved, painted, colored, stained, silvered, gilded, etched, frosted, printed in any manner or otherwise ornamented, decorated, or ground (except such grinding as is necessary for fitting stoppers),” is not limited to such articles as are-ground for purposes of ornamentation or decoration. 2. Same—Ground-Glass Bottles. Glass bottles having the words “Thos. McMullen & Co.’s White Label” ground thereon by means of the process of sand-blasting are dutiable under the provision in paragraph 100, Schedule B, § 1, c. 11, Tariff Act July 24, 1897, SO Stat. 157 (U. S. Comp. St. 1901, p. 1633), for “glass bottles, * * * ground,” and not under paragraph 99 of said act, 30 Stat. 156 (U. S. Comp. St. 1901, p. 1633), relating to “plain * * * glass bottles.”