Protest 103206-K of A. W. Fenton Co.

U.S. Customs Court

Protest 103206-K of A. W. Fenton Co.

18 Cust. Ct. 150

United States Customs Court·Decided January 22, 1947·No. No. 51538·Published

Opinion

Opinion by

Lawrence, J.

The only witness who appeared on behalf of the plaintiff was the United States examiner who passed the importation. After [151]*151identifying a sample of the merchandise, he testified as to its width, thickness, and length, but conceded that his knowledge concerning the use made of the articles was based on hearsay. In response to the question whéther the sample was elastic, he said it was not; that if bent it would retain that shape and not recover its previous form. Inasmuch as plaintiff failed to meet its burden of proof, the protest was overruled. (Seagram v. United States, 30 C. C. P. A. 150, C. A. D. 227) followed.

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

Opinion by

Lawrence, J.

The only witness who appeared on behalf of the plaintiff was the United States examiner who passed the importation. After [151]*151identifying a sample of the merchandise, he testified as to its width, thickness, and length, but conceded that his knowledge concerning the use made of the articles was based on hearsay. In response to the question whéther the sample was elastic, he said it was not; that if bent it would retain that shape and not recover its previous form. Inasmuch as plaintiff failed to meet its burden of proof, the protest was overruled. (Seagram v. United States, 30 C. C. P. A. 150, C. A. D. 227) followed.

Protest 103206-K of A. W. Fenton Co., 18 Cust. Ct. 150 (cusc 1947).

Pincite

18 Cust. Ct. 150 (Protest 103206-K of A. W. Fenton Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.