U.S. Circuit Court for the District of Southern New York, 1893

In re Shattuck

In re Shattuck
U.S. Circuit Court for the District of Southern New York · Decided January 23, 1893 · Laoombe
54 F. 365; 1893 U.S. App. LEXIS 2466

Counsel

Curie, Smith & Mackie, for importers., Edward Mitchell, U. S. Atty., and James T. Van Rensselaer, Asst, U. S. Atty., for collector and the United States.

In re Shattuck

Opinion of the Court

LAOOMBE, Circuit Judge.

As to the silk goods, of course the board’s decision is affirmed. There ⅛ no dispute in regard to that.

If it appeared here that it was not practicable to make cotton webbing elastic without the presence of India rubber, I should be inclined to affirm the board’s decision] hut as there is no evidence to that effect, and as in fact there could not very well be such evidence, — as we all know, it is a matter of Weave, as well as material, that cotton webbing can he made elastic without the presence of any India rubber in it whatever. — I am of the opinion that the webbing clause (paragraph 354) cannot cover these articles of which India rubber is the component material of chief value. Therefore the decision of the board is reversed, and it is directed that the articles be classified for duty under paragraph 460, as to Exhibits B and O. <

Case-law data current through December 31, 2025. Source: CourtListener bulk data.