Protest 56581-K of Carbone

U.S. Customs Court

Protest 56581-K of Carbone

9 Cust. Ct. 405

CourtUnited States Customs Court

DecidedAugust 28, 1942

DocketNo. 47517

StatusPublished

This text of 9 Cust. Ct. 405 (Protest 56581-K of Carbone) 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 56581-K of Carbone, 9 Cust. Ct. 405 (cusc 1942).

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Opinion

Opinion by

Keefe, J.

The entry disclosed that 200 plants were imported in two cases and that duty was assessed upon the invoiced and entered quantity. Counsel for the importer introduced a report of the Department of Agriculture, signed by the plant quarantine inspector, and the case was submitted without further evidence. This report showed that the plants were packed in excelsior in two screen ventilated wooden cases, one of which contained “51 Oncidium: plants” and the other “102 Cattleya:plants.” The condition upon arrival was reported as “Fair; 3 dead.” From the record the court was unable to determine whether or not the shortage occurred prior to importation. The protest was therefore overruled.

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Opinion by

Keefe, J.

The entry disclosed that 200 plants were imported in two cases and that duty was assessed upon the invoiced and entered quantity. Counsel for the importer introduced a report of the Department of Agriculture, signed by the plant quarantine inspector, and the case was submitted without further evidence. This report showed that the plants were packed in excelsior in two screen ventilated wooden cases, one of which contained “51 Oncidium: plants” and the other “102 Cattleya:plants.” The condition upon arrival was reported as “Fair; 3 dead.” From the record the court was unable to determine whether or not the shortage occurred prior to importation. The protest was therefore overruled.

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Bluebook (online)

9 Cust. Ct. 405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/protest-56581-k-of-carbone-cusc-1942.