August F. Stauff Co. v. United States

28 Cust. Ct. 414, 1952 Cust. Ct. LEXIS 285

Opinion

Opinion by

Johnson, J.

At the trial it was stipulated that the issues and facts herein are similar in all material respects to those involved in United States v. Browne Vintners Co., Inc. (34 C. C. P. A. 112, C. A. D. 351) and that the quantities reported by the inspector as manifested not found were not in fact received by the importer. In accordance with stipulation of counsel and following the decision cited it was held that duty in not assessable upon such portions of the merchandise as were reported by the inspector as manifested not found. The protest was sustained to this extent.