The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . An exception from the general rule is established by section 772.15, Florida Statutes, for civil actions . . .
. . . . §§ 772.13 & 772.15 (1977); 23 C.F.R. §§ 772.3 & 772.4 (1973). . . .
. . . Accordingly, the coolers were properly dutiable under item 772.15, TSUS, as “articles chiefly used for . . . Trade also found that no provision existed under the HTSUS containing the relevant language of item 772.15 . . . than the luggage provision under TSUS, the United States argues, and the pertinent language of item 772.15 . . . determination that the coolers were classifiable as items for storing food or beverages under item 772.15 . . . Heading 3924 is the successor provision to TSUS item 772.15 (or 772.16). . . .
. . . Accordingly, the coolers were properly dutiable under item 772.15, TSUS, as “[a]rticles chiefly used . . . Plainly, absent a competing provision in the HTSUS similar to item 772.15, TSUS, the Court could not . . . The foregoing contention is plainly incorrect given what occurred in Prepac where item 772.15 was not . . . Of course, as previously discussed above, item 772.15, TSUS, was not addressed in Prepac. . . . References herein to item 772.15 shall be deemed to also refer to item 772.16. . . .
. . . Accordingly, the coolers were properly dutiable under item 772.15, TSUS, as “[articles chiefly used for . . . Plainly, absent a competing provision in the HTSUS similar to item 772.15, TSUS, the Court could not . . . The foregoing contention is plainly incorrect given what occurred in Prepac where item 772.15 was not . . . Of course, as previously discussed above, item 772.15, TSUS, was not addressed in Prepac. . . . References herein to item 772.15 shall be deemed to also refer to item 772.16. . . .
. . . coolers were “[articles chiefly used for preparing, serving, or storing food or beverages” under item 772.15 . . . determination that the coolers were classifiable as items for storing food or beverages under item 772.15 . . .
. . . merchandise under item 706.62, TSUS, and that the correct classification of the merchandise is item 772.15 . . . The trial court distinguished Prepac on the basis that classification under item 772.15, TSUS, was not . . . The Aladdin court concluded that the beverage flask was properly classified under item 772.15 and that . . . The merchandise was therefore properly classified under item 772.15 (or 772.16), TSUS. . . . Rule of Relative Specificity Appellant contends that, because both items 706.62 and 772.15 (or 772.16 . . .
. . . Schedules of the United States (TSUS), at 20% ad valorem and finds the correct classification to he item 772.15 . . . The Aladdin Court concluded that the plastic beverage flask was properly classified under item 772.15 . . . It would appear that the plastic lunch boxes should have been more properly classified under 772.15 ( . . . However, the language of item 772.15 (or 772.16) does not exclude articles chiefly used for preparing . . . The imported soft-sided Chill coolers are thus properly classified under 772.15 (or 772.16), TSUS. . . .
. . . Schedules of the United States (TSUS), at 20% ad valorem and finds the correct classification to be item 772.15 . . . The Aladdin Court concluded that the plastic beverage flask was properly classified under item 772.15 . . . It would appear that the plastic lunch boxes should have been more properly classified under 772.15 ( . . . However, the language of item 772.15 (or 772.16) does not exclude articles chiefly used for preparing . . . The imported soft-sided Chill coolers are thus properly classified under 772.15 (or 772.16), TSUS. . . .
. . . were classified by the Customs Service “as ‘household articles not specially provided for’ under item 772.15 . . .
. . . Plaintiff has abandoned its claim for classification under item 772.15, TSUS inasmuch as it has insufficient . . .
. . . rubber or plastic: Other,” with a duty rate of 8.5 percent ad va-lorem; or alternatively, under item 772.15 . . .
. . . CIT -, 516 F.Supp. 33 (1981), holding that imported seed germination tray sets classified under item 772.15 . . . bowls, cereal bowls, sugar bowls, creamers, gravy boats, serving dishes, and platters. 772.09 Trays. 772.15 . . . in refusing to attach a presumption of correctness to the Customs Service classification under item 772.15 . . . Item 772.15, the tariff provision the government relies on here in its entirety, embraces at least two . . . The headnote excepts only items specially provided for elsewhere, and item 772.15 is not sufficiently . . .
. . . Supp. 33 (1981), holding that imported seed germination tray sets classified under item 772.15, Tariff . . . bowls, cereal howls, sugar bowls, creamers, gravy boats, serving dishes, and platters. 772.09 Trays. 772.15 . . . in refusing to attach a presumption of correctness to the Customs Service classification under item 772.15 . . . Item 772.15, the tariff provision the government relies on here in its entirety, embraces at least two . . . The headnote excepts only items specially provided for elsewhere, and item 772.15 is not sufficiently . . .
. . . . § 772.15. . I. e., plans specifications, and estimates. See 23 U.S.C. § 106(a). . . . .
. . . The merchandise was classified under item 772.15, TSUS, and assessed with duty at 11.5 per centum ad . . . and household articles not specially provided for; all the foregoing of rubber or plastics: ******* 772.15 . . . applicability of the presumption of correctness in view of defendant’s reliance on the entire provision of 772.15 . . . Defendant contends the merchandise falls within the common meaning of several portions of 772.15, supra . . . established to the satisfaction of the court that the imported merchandise is not provided for in item 772.15 . . .
. . . The merchandise was classified under item 772.15, TSUS, and assessed with duty at 11.5 per centum ad . . . ingredients; and household articles not specially provided for; all the foregoing of rubber or plastics: 772.15 . . . Defendant contends the merchandise falls within the common meaning of several portions of 772.15, supra . . . established to the satisfaction of the court that the imported merchandise is not provided for in item 772.15 . . . consideration has been made up of a miscellaneous group of rubber and plastics housewares (TSUS item 772.15 . . .
. . . . — SPECIFIED PRODUCTS; MISCELLANEOUS AND NONENU-MERATED PRODUCTS ****** 772.15 Other................ . . .
. . . appellant’s alternative claim that the articles should be classified under items 653.95, 654.00, or 772.15 . . .
. . . identical merchandise was assessed at the rate of 8.5 per centum ad valorem under the provision in item 772.15 . . . K436738 are more specifically provided for under item 688.40, TSUS, than under item 772.15, TSUS. . . . plaintiff’s claim under item 688.40 should be overruled without affirming the classification under item 772.15 . . . The provision in item 688.40, TSUS, is more specific than item 772.15, TSUS, the provision under which . . .
. . . the classification of plastic mattress covers and pillow covers which had been classified under item 772.15 . . . were “not used on furniture,” and were therefore not classifiable under item 772.35 but under item 772.15 . . . pillow covers are among some of the more important articles of plastic housewares included under item 772.15 . . .
. . . the classification of plastic mattress covers and pillow covers which had been classified under item 772.15 . . . were “not used on furniture,” and were therefore not classifiable under item 772.35 but under item 772.15 . . . pillow covers are among some of the more important articles of plastic housewares included under item 772.15 . . .
. . . The importations were assessed with duty at the rate of 8.5 per centum ad valorem under item 772.15 of . . . Defendant strenuously argues that classification of the imports under item 772.15 is compelled by the . . . Additionally, there is no merit to defendant’s contention that item 772.15 is more specific than item . . . or plastics articles which the drafters of the tariff schedules intended should be covered by item 772.15 . . . consideration has been made up of a miscellaneous group of rubber and plastics housewares (TSUS item 772.15 . . .
. . . The importations were assessed with duty at the rate of 8.5 per' centum ad valorem under item 772.15 . . . Defendant strenuously argues that classification of the imports under item 772.15 is compelled by the . . . Additionally, there is no merit to defendant’s contention that item 772.15 is more specific than item . . . or plastics articles which the drafters of the tariff schedules intended should be covered by item 772.15 . . . not specially provided for either under 772.03-.09, or elsewhere in the tariff schedules (TSUS item 772.15 . . .
. . . mattress and pillow covers, as “other” plastic household articles not specially provided for, under item 772.15 . . . ingredients; and household articles not specially provided for; all the foregoing of rubber or plastics: 772.15 . . . Item 772.15 is limited, for the purposes of this case, to household articles “not specially provided . . . Thus evidence that item 772.35 is satisfied is ipso facto also evidence that item 772.15 is not pertinent . . . covers are among some of the more important imported articles of plastic housewares included under item 772.15 . . .
. . . mattress and pillow covers, as “other’-’ plastic household articles not specially provided for, under item 772.15 . . . ingredients; and household articles not specially provided for; all the foregoing of rubber or plastics: 772.15 . . . Item 772.15 is limited, for the purposes of this case, to household articles “not specially provided . . . Thus evidence that item 772.35 is satisfied is if so faeto also evidence that item 772.15 is not pertinent . . . provision for * * * household articles not specially provided for; * * * of plastics; * » * other, in item 772.15 . . .
. . . classified by the customs officials as plastic household articles, not specially provided for, under item 772.15 . . . ingredients; and household articles not specially provided for; all the foregoing of rubber or plastics: 772.15 . . . covers are among some of the more important imported articles of plastic housewares included under item 772.15 . . . apparently constitutes an indication of the Tariff Commission’s understanding of the scope of Item 772.15 . . . is the determination of the court that plaintiff’s claim of illegality of duty assessment under item 772.15 . . .
. . . been classified for customs purposes as “household articles not specially provided for” under item 772.15 . . . trial, stated that “in the event that the Court should find that the classification as assessed, under 772.15 . . . household articles not specially provided for; all the foregoing of rubber or plastics: 3: ‡ ‡ ‡ ‡ ‡ 772.15 . . . Specifically referring to item 772.15, i.e., “household articles not specially provided for”, under which . . .
. . . T.D. 56102(45)] as “household articles not specially provided for”, of rubber or plastics, under item 772.15 . . . “as articles of utility”, should have been classified as household articles of plastics, under item 772.15 . . . 12.5 per centum ad valorem, plaintiff maintains that it was properly classifiable under either item 772.15 . . . Claimed under: Item 772.15 “Articles chiefly used for preparing, serving, or storing food or beverages . . . for ..Household articles not specially provided for * * * of * * * ■ plastics: * * * Other, in item 772.15 . . .
. . . T.D. 56102(45)] as “household articles not specially provided for”, of rubber or plastics, under item 772.15 . . . “as articles of utility”, should have been classified as household articles of plastics, under item 772.15 . . . 12.5 per centum ad valorem, plaintiff maintains that it was properly classifiable under either item 772.15 . . . Claimed under: Item 772.15 “Articles chiefly used for preparing, serving, or storing food or beverages . . . . 56102(45), and were bound to classify imported plastic window shades under the provisions of item 772.15 . . .
. . . It contends that they are properly classifiable under item 772.15 of the tariff schedules as “other” . . . ................... 210 per lb. + 17% ad val. 772.09 Trays ............................ 17% ad val. 772.15 . . . An examination of items 772.03 through 772.15 of the Tariff Schedules of the United States reveals that . . . Admittedly, no article is to be relegated to the category of “other” in item 772.15 if it is properly . . . The six-inch plastic bowls were therefore held dutiable under item 772.15 pertaining to “other”, and . . .
. . . It contends that they are properly classifiable under item 772.15 of the tariff schedules as “other” . . . Trays- 17% ad val. 772.15 Other_._ 17% ad val. . . . An examination of items 772.03 through 772.15 of the Tariff Schedules of the United States reveals that . . . Admittedly, no article is to be relegated to the category of “other” in item 772.15 if it is properly . . . The six-inch plastic bowls were therefore held dutiable under item 772.15 pertaining to “other”, and . . .
. . . importers claim that they should be classified either as “Trays” under Item 772.09 or as “Other” under Item 772.15 . . . ...............21$ per lb. + 17% ad val. 772.09 Trays...................................17% ad val. 772.15 . . .
. . . importers claim that they should be classified either as “Trays” under Item 772.09 or as “Other” under Item 772.15 . . . creamers, gravy boats, serving dishes, and platters--— 210perlb.+ 17% ad val. 772.09 Trays_ 17%' ad val. 772.15 . . .
. . . 222.42, TSUS, consist of dog baskets which are claimed dutiable at 17 per centum ad valorem within item 772.15 . . . schedule “A”, is properly dutiable at the rate of 17 per centum ad valorem under the provision in item 772.15 . . .
. . . plastic articles made from artificial fruits, and claimed dutiable at 17 per cent ad valorem under Item 772.15 . . . entry covered by the involved protest properly dutiable at the rate of 17 percent ad valorem under item 772.15 . . .
. . . that the rice containers or tubs, and the candy bowls and boxes, are properly classifiable under item 772.15 . . . creamers, gravy boats, serving dish.es, and platters-210 per lb. -|- 17% ad val. 772.09 Trays_ 17% ad val. 772.15 . . . Whether or not the term “trays” as used in item 772.15, supra, was intended to include an article defined . . .
. . . The fork and spoon were assessed with duty at 17 per centum ad valorem under item 772.15 of the Tariff . . . The protest claimed that the bowls were dutiable at only 17 per centum ad valorem under item 772.15, . . . cereal bowls, sugar bowls, creamers, gravy boats, serving dishes, and platters_210 per lb. + 17% ad val. 772.15 . . . The Tariff Classification Study of November 15, 1960, schedule 7, page 451, states: Item 772.03-772.15 . . . that the 6-inch bowls involved herein are properly dutiable at 17 per centum ad valorem under item 772.15 . . .
