AMERICAN BITUMULS & ASPHALT CO. v. UNITED STATES

C.D. 2188; Protest No. 320171-K.

185 F.Supp. 955 (1960)

AMERICAN BITUMULS & ASPHALT CO. v. UNITED STATES.

United States Court of Customs, First Division.

June 27, 1960.


Attorney(s) appearing for the Case

Sharretts, Paley & Carter, New York City) Joseph F. Donohue, New York City, of counsel), for plaintiff.

George Cochran Doub, Asst. Atty. Gen., Richard E. FitzGibbon and Murray Sklaroff, Trial Attys., New York City, for defendant.

Before OLIVER, MOLLISON and WILSON, Judges.


MOLLISON, Chief Judge.

The merchandise the subject of this protest is so-called cutback asphalt. There does not seem to be any question but that it consists of solid asphalt mixed with 20 per centum of a kerosene-like distillate of petroleum, so that the resultant product, in its condition as imported, is in a liquid state.

The cutback asphalt in issue was admitted to free entry under the provision in paragraph 1710, Tariff Act of 1930, 19 U.S.C.A. §...

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