Protest 97964-K of Italian Furniture Frame Corp.

U.S. Customs Court

Protest 97964-K of Italian Furniture Frame Corp.

15 Cust. Ct. 246

CourtUnited States Customs Court

DecidedAugust 8, 1945

DocketNo. 50401

StatusPublished

This text of 15 Cust. Ct. 246 (Protest 97964-K of Italian Furniture Frame Corp.) 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.

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Protest 97964-K of Italian Furniture Frame Corp., 15 Cust. Ct. 246 (cusc 1945).

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Opinion

[247]*247Opinion by

Ekwall, J.

Government contended that inasmuch as there was noncompliance with the regulations governing shortage in unexamined packages (article 813, Customs Regulations of 1937), the importer cannot recover. Under the rulings laid down in Joseph Dixon Crucible Co. v. United States (14 Cust. Ct. 71. C. D. 914), and Abstract 50268, it was found that the importer’s failure to comply with the regulations does not preclude him from recovery where, as in the instant case, sufficient evidence has been produced to sustain the claim that the merchandise found in excess was enumerated on the invoice of an unexamined case and that duty was paid upon the same. The protest was therefore sustained.

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[247]*247Opinion by

Ekwall, J.

Government contended that inasmuch as there was noncompliance with the regulations governing shortage in unexamined packages (article 813, Customs Regulations of 1937), the importer cannot recover. Under the rulings laid down in Joseph Dixon Crucible Co. v. United States (14 Cust. Ct. 71. C. D. 914), and Abstract 50268, it was found that the importer’s failure to comply with the regulations does not preclude him from recovery where, as in the instant case, sufficient evidence has been produced to sustain the claim that the merchandise found in excess was enumerated on the invoice of an unexamined case and that duty was paid upon the same. The protest was therefore sustained.

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15 Cust. Ct. 246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/protest-97964-k-of-italian-furniture-frame-corp-cusc-1945.

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