Protest 37362-K of California Importing Co.

U.S. Customs Court

Protest 37362-K of California Importing Co.

9 Cust. Ct. 407

CourtUnited States Customs Court

DecidedAugust 31, 1942

DocketNo. 47522

StatusPublished

This text of 9 Cust. Ct. 407 (Protest 37362-K of California Importing Co.) 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

Protest 37362-K of California Importing Co., 9 Cust. Ct. 407 (cusc 1942).

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Opinion

Opinion by

-Keefe, J.

The invoice disclosed that the 20 cases contained a total of 2,205 pounds of nuts and that they were entered on the basis of the invoiced weight. The report of the United States weigher disclosed a total gross weight of 3,120 pounds, tare 440 pounds, making a net weight of 2,680 pounds. Prior to liquidation of the entry the importer requested that the goods be reweighed, which request was granted. The result showed the net weights were considerably less than previously determined. The evidence presented, however, was conflicting [408]*408and all that could be determined was that the 20 cases imported herein were not uniform in weight. It was held that the presumption of correctness attaching to the collector’s determination would not be overcome without establishing the weight of the entire importation. The protest was therefore overruled.

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Opinion by

-Keefe, J.

The invoice disclosed that the 20 cases contained a total of 2,205 pounds of nuts and that they were entered on the basis of the invoiced weight. The report of the United States weigher disclosed a total gross weight of 3,120 pounds, tare 440 pounds, making a net weight of 2,680 pounds. Prior to liquidation of the entry the importer requested that the goods be reweighed, which request was granted. The result showed the net weights were considerably less than previously determined. The evidence presented, however, was conflicting [408]*408and all that could be determined was that the 20 cases imported herein were not uniform in weight. It was held that the presumption of correctness attaching to the collector’s determination would not be overcome without establishing the weight of the entire importation. The protest was therefore overruled.

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Bluebook (online)

9 Cust. Ct. 407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/protest-37362-k-of-california-importing-co-cusc-1942.