Customs classification of antique books depends on the specific item's character, age, and value, making a pre-import challenge premature.

Printed books older than one hundred years are not automatically excluded from Heading 49.01; classification may instead fall under Heading 97.06 as antiques depending on the specific book's age, character, trade treatment, price, and whether it is valued as a book or for antique value. In the absence of actual import and evidence relating to any identified book, the classification dispute was treated as abstract and academic and not suitable for adjudication in writ proceedings. The customs authorities were held to be the proper forum to determine the issue first when concrete facts arise, so the challenge was dismissed as premature.

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Issues: Whether printed books older than one hundred years could, in every case, be classified as printed books under Heading 49.01 or whether they could fall under Heading 97.06 as antiques, and whether the challenge to the customs communications could be decided at the stage of apprehended import.

Analysis: The tariff entry for printed books expressly excludes antiques of an age exceeding one hundred years, so the proposition that all printed books remain outside the antique heading even after a century could not be accepted as an absolute rule. Classification between Heading 49.01 and Heading 97.06 depends on the nature and character of the particular book, its age, trade treatment, price, and whether it is valued as a book or for its antique value. In the absence of actual import and supporting evidence regarding any specific book, the issue was regarded as abstract and academic and not fit for adjudication in the writ proceeding. The proper course was for the customs authorities to decide the question in the first instance when concrete facts arise.

Conclusion: The challenge failed as premature, and the petition was dismissed.

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