Cuneo Bros., Inc. v. United States

U.S. Customs Court

Cuneo Bros., Inc. v. United States

28 Cust. Ct. 482, 1952 Cust. Ct. LEXIS 504

CourtUnited States Customs Court

DecidedMay 13, 1952

DocketNo. 56664; protest 176220-K (New York)

StatusPublished

This text of 28 Cust. Ct. 482 (Cuneo Bros., 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

Cuneo Bros., Inc. v. United States, 28 Cust. Ct. 482, 1952 Cust. Ct. LEXIS 504 (cusc 1952).

Pincite

Opinion

[483]*483Opinion by

Ekwall, J.

When the case was called for trial there was no appearance on the part of the plaintiff. Counsel for the Government requested that the case be submitted since a representative of the importer had advised him that plaintiff did not desire to appear. An examination of the record disclosed that the merchandise was entered on January 8, 1951, at which time the rate of duty on peppers in their natural state was 2.2 cents per pound under paragraph 774, as modified, supra. This rate superseded the rate of 2)4 cents per pound in the trade agreement with Mexico (T. D. 50797), which was terminated as of December 31, 1950, and the rate of 1.2 cents per pound in the exclusive trade agreement with Cuba (T. D. 51819). The protest was therefore overruled.

Free access — add to your briefcase to read the full text and ask questions with AI

[483]*483Opinion by

Ekwall, J.

When the case was called for trial there was no appearance on the part of the plaintiff. Counsel for the Government requested that the case be submitted since a representative of the importer had advised him that plaintiff did not desire to appear. An examination of the record disclosed that the merchandise was entered on January 8, 1951, at which time the rate of duty on peppers in their natural state was 2.2 cents per pound under paragraph 774, as modified, supra. This rate superseded the rate of 2)4 cents per pound in the trade agreement with Mexico (T. D. 50797), which was terminated as of December 31, 1950, and the rate of 1.2 cents per pound in the exclusive trade agreement with Cuba (T. D. 51819). The protest was therefore overruled.

Cite This Page — Counsel Stack

Bluebook (online)

28 Cust. Ct. 482, 1952 Cust. Ct. LEXIS 504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cuneo-bros-inc-v-united-states-cusc-1952.