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Treasury decisions under customs and other laws Volume 21

Treasury decisions under customs and other laws Volume 21

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Описание
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 Excerpt: ... the amusement of children only, and which by their very nature and character were reasonably fitted for no other'purpose. An examination of the samples in evidence discloses that the flower pins in question are neither more nor less than boutonnidres of artificial flowers, and it affirmatively appearing from the record that they can be and are worn by adults as boutonnieres it can hardly be said that they are designed and intended for the amusement of children only and are reasonably fitted for no other purpose. In the case of United States v. Cattus (167 Fed. Rep., 522) it was decided that artificial shamrocks worn by men, women, and children of the Irish race on St. Patrick's Day were not toys, and as artificial bouton nieres or "flower pins" do not materially differ from artificial shamrocks we think the reasoning which excluded the latter must exclude the former from the category of toys. The testimony as to commercial designation was weak and unsatisfactory, and the conclusion of the importers' witnesses that "flower pins" were recognized by the trade generally and uniformly as toys seems to have been based largely upon the fact that they were used by children for amusement; that they served the purpose of gifts in prize packages sold to children; and that they were handled by dealers in toys and notions. None of the witnesses would say that the imported articles were bought and sold by the trade as toys, and one of them declined to say that they were "a trade and commerce toy." In view of this state of the evidence and of the fact that in previous controversies concerning the durability of imitation flowers made of celluloid and attached to metallic pins merchants did not always claim them to be toys (T. D. 14706; T. D. ...