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ROIG v. UNITED STATES

Customs Appeal No. 5307.

420 F.2d 750 (1969)

Antonio ROIG, Sucrs. S. En C., Appellant, v. The UNITED STATES, Appellee.

United States Court of Customs and Patent Appeals.

April 3, 1969.

Attorney(s) appearing for the Case

Salvador E. Casellas, Fiddler, Gonzalez & Rodriguez, San Juan, P. R., for appellant.

Edwin L. Weisl, Jr., Asst. Atty. Gen., Andrew P. Vance, Chief, Customs Section, Morris Braverman, Owen J. Rader, New York City, for the United States.

Before WORLEY, Chief Judge, McGUIRE, Judge, sitting by designation, and RICH, SMITH, ALMOND, and BALDWIN, Judges.

RICH, Judge.

The instant importation was invoiced as a "Henderson 10 ton fixed electric tower crane with one spreader bar," and classified as an article having as an essential feature an electrical element or device under par. 353 of the Tariff Act of 1930, as modified by the Torquay Protocol to GATT, T.D. 52739, which reads:

Articles having as an essential feature an electrical element or device, such as electric motors, fans, locomotives, portable tools...

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