Protest 795438-G of Herbst Bros.

U.S. Customs Court

Protest 795438-G of Herbst Bros.

12 Cust. Ct. 282

CourtUnited States Customs Court

DecidedMarch 24, 1944

DocketNo. 49291

StatusPublished

This text of 12 Cust. Ct. 282 (Protest 795438-G of Herbst Bros.) 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 795438-G of Herbst Bros., 12 Cust. Ct. 282 (cusc 1944).

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Opinion

Opinion by

Cline, J.

At the trial counsel for the plaintiff moved in evidence the appraiser’s answer to the protest and the report of the customs inspector. The appraiser reported that the onion seed in question was in tin cans inside of wooden cases; that the outside cases were legally marked, but that the tins, which were the immediate containers of the seed, were marked in the Spanish language. The report of the customs inspector appeared to be a carbon copy of a letter showing that the contents of the cases were marked “Canary Island, Spain” after importation. Since it has been held in numerous cases that the marking in a foreign language does not comply with the provisions of section 304 the protest was overruled. Abstracts 39754 and 48561 cited.

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Opinion by

Cline, J.

At the trial counsel for the plaintiff moved in evidence the appraiser’s answer to the protest and the report of the customs inspector. The appraiser reported that the onion seed in question was in tin cans inside of wooden cases; that the outside cases were legally marked, but that the tins, which were the immediate containers of the seed, were marked in the Spanish language. The report of the customs inspector appeared to be a carbon copy of a letter showing that the contents of the cases were marked “Canary Island, Spain” after importation. Since it has been held in numerous cases that the marking in a foreign language does not comply with the provisions of section 304 the protest was overruled. Abstracts 39754 and 48561 cited.

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Bluebook (online)

12 Cust. Ct. 282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/protest-795438-g-of-herbst-bros-cusc-1944.