Brake v. United States

U.S. Customs Court

Brake v. United States

22 Cust. Ct. 231, 1949 Cust. Ct. LEXIS 1317

United States Customs Court·Decided January 27, 1949·No. No. 52855; protest 133602-K (New York)·Published

Opinion

Opinion by

Johnson, J.

At the trial it was stipulated that the issues and facts herein are similar 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 not landed were not in fact landed. In accordance with stipulation and following the decision cited it was held that the merchandise, insofar as it involves the quantities reported by the inspector as “manifested, not landed, not found,” is subject to an allowance in duties. The protest was sustained to this extent.

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Opinion by

Johnson, J.

At the trial it was stipulated that the issues and facts herein are similar 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 not landed were not in fact landed. In accordance with stipulation and following the decision cited it was held that the merchandise, insofar as it involves the quantities reported by the inspector as “manifested, not landed, not found,” is subject to an allowance in duties. The protest was sustained to this extent.

Brake v. United States, 22 Cust. Ct. 231, 1949 Cust. Ct. LEXIS 1317 (cusc 1949).

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