Home/U.S. Customs Court/Peter J. Schweitzer Division v. United States

Peter J. Schweitzer Division v. United States

57 Cust. Ct. 9, 1966 Cust. Ct. LEXIS 1876
United States Customs Court·Decided June 16, 1966·No. C.D. 2711·Published·Cited by 1 cases

Opinion

Donlon, Judge:

These two tariff items, to the extent here relevant, are as follows:

Straws and other fibrous vegetable substances not specially provided for, crude or processed:
‡ ‡ $
192.60 Flax straw
250.04 Waste paper and paperboard, and scrap paper and paperboard products fit only for remanufacture; and flax and hemp fibers to be used in paper making
This suit, having been docketed on the Pembina, N. Dak., calendar, was submitted by the parties on the following stipulation:
IT IS PIEREBY STIPULATED AND AGREED by and between the attorneys for the above named parties herein that the trial and determination of this action by the above Court be upon the statement of facts hereinafter set forth; and
IT IS HEREBY FURTHER STIPULATED that the following-are the facts agreed upon by the parties herein:
1. Plaintiff imported into the United States from Canada flax straw containing flax fiber to be used in paper-making. The importation came over the highway through the Port of Walhalla, North Dakota, between September 30, 1964 and November 18, 1964, both dates inclusive. The entry numbers with the respective dates of entry and the respective dates of assessment and liquidation were as set forth in the following table:

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Peter J. Schweitzer Division v. United States, 57 Cust. Ct. 9, 1966 Cust. Ct. LEXIS 1876 (cusc 1966).

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Peter J. Schweitzer Division v. United States
54 C.C.P.A. 44 (Customs and Patent Appeals, 1967)