Circle Forwarders, Inc. v. United States

U.S. Customs Court

Circle Forwarders, Inc. v. United States

68 Cust. Ct. 6, 1972 Cust. Ct. LEXIS 2581

CourtUnited States Customs Court

DecidedJanuary 11, 1972

DocketC.D. 4324

StatusPublished

This text of 68 Cust. Ct. 6 (Circle Forwarders, Inc. v. United States) is published on Counsel Stack Legal Research, covering United States Customs Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Circle Forwarders, Inc. v. United States, 68 Cust. Ct. 6, 1972 Cust. Ct. LEXIS 2581 (cusc 1972).

Pincite

Opinion

RichardsoN, Judge:

(Plaintiff moves under Rule 10.3 for an order consolidating certain actions in an attached Schedule for trial in accordance with the complaint. Plaintiff’s motion is disposed of as follows:

' As to the action enumerated in the attached Schedule identified ■with the prefix (A) the motion and the said action are dismissed for prematurity by reason of the fact that in contravention of 19 U.S.C.A., section 1503(a) (section 503(a), Tariff Act of 1930, as amended by the Customs Simplification Act of 1953) liquidation of the subject entry was not made upon a final appraised vahte, and as such, is void, liquidation'having taken place within 60 days of the date of the (appraiser’s report. See United States v. Boston Paper Board Co., 23 CCPA 372, T.D. 48233 (1936), and other cases cited in Memorandum to Accompany Order in Lamb-Weston, Inc. v. United States, protest 69/38803, C.D. 4301, decided December 1, 1971. It is the duty of the district director of customs to liquidate the involved entry in the manner provided for by law so that plaintiff may file a valid protest against said entry if it be so advised.

As to the actions enumerated in the said Schedule identified with the prefix (B) the motion, being within the court’s jurisdiction, is granted, and the said actions will be consolidated for trial in accordance with the complaint.

Schedule of ActioNs

(B) 68/56348

(B) 68/56349

(B) 68/56350

(B) 68/56351

(A) 69/5425

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RichardsoN, Judge:

(Plaintiff moves under Rule 10.3 for an order consolidating certain actions in an attached Schedule for trial in accordance with the complaint. Plaintiff’s motion is disposed of as follows:

' As to the action enumerated in the attached Schedule identified ■with the prefix (A) the motion and the said action are dismissed for prematurity by reason of the fact that in contravention of 19 U.S.C.A., section 1503(a) (section 503(a), Tariff Act of 1930, as amended by the Customs Simplification Act of 1953) liquidation of the subject entry was not made upon a final appraised vahte, and as such, is void, liquidation'having taken place within 60 days of the date of the (appraiser’s report. See United States v. Boston Paper Board Co., 23 CCPA 372, T.D. 48233 (1936), and other cases cited in Memorandum to Accompany Order in Lamb-Weston, Inc. v. United States, protest 69/38803, C.D. 4301, decided December 1, 1971. It is the duty of the district director of customs to liquidate the involved entry in the manner provided for by law so that plaintiff may file a valid protest against said entry if it be so advised.

As to the actions enumerated in the said Schedule identified with the prefix (B) the motion, being within the court’s jurisdiction, is granted, and the said actions will be consolidated for trial in accordance with the complaint.

Schedule of ActioNs

(B) 68/56348

(B) 68/56349

(B) 68/56350

(B) 68/56351

(A) 69/5425

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Bluebook (online)

68 Cust. Ct. 6, 1972 Cust. Ct. LEXIS 2581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/circle-forwarders-inc-v-united-states-cusc-1972.