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Brancusi v. United States

United States Customs Court

54 Treas. Dec. 428 (1928)

Facts

The Tariff Act of 1922 provided that manufactured metal objects that were imported into the United States were subject to a 40 percent ad valorem duty and that works of art could enter the United States duty-free. An importer (defendant) brought a bronze object created by sculptor Constantin Brancusi into the United States. The object was characterized as a sculpture of a bird but did not actually resemble a bird. The customs collector determined that the object was a manufactured bronze object and assessed an ad valorem duty of 40 percent. The importer appealed, arguing that the object was a sculpture that could enter the United States duty-free.

Rule of Law

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Issue

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Holding and Reasoning (Waite, J.)

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