Protests 778740-G (A) of Swift & Co.

U.S. Customs Court

Protests 778740-G (A) of Swift & Co.

11 Cust. Ct. 240

CourtUnited States Customs Court

DecidedAugust 11, 1943

DocketNo. 48659

StatusPublished

This text of 11 Cust. Ct. 240 (Protests 778740-G (A) of Swift & 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.

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Protests 778740-G (A) of Swift & Co., 11 Cust. Ct. 240 (cusc 1943).

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Opinion

Opinion by

Keefe, J.

An allowance of 2½ percent in the net weight of cheese similar to that involved in Scaramelli v. United States (9 Cust. Ct. 270, C. D. 706) and Abstracts 42146 and 48269 was made to compensate for the foreign substances on the outside. It was further stipulated that certain of the cheese consists of Reggiano cheese similar to that the subject of Scaramelli v. United States, supra. As to this item the court made an allowance of 1 percent. It was further stipulated that certain other cheese was wrapped in paper or foil, or both, and is the same in all material respects as that the subject of Kraft Phenix Cheese Corp. v. United States (T. D. 47955). In accordance with stipulation of counsel the court held that an allowance for the weight of the paper or foil, or both should have been made. Protests sustained to this extent.

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Opinion by

Keefe, J.

An allowance of 2½ percent in the net weight of cheese similar to that involved in Scaramelli v. United States (9 Cust. Ct. 270, C. D. 706) and Abstracts 42146 and 48269 was made to compensate for the foreign substances on the outside. It was further stipulated that certain of the cheese consists of Reggiano cheese similar to that the subject of Scaramelli v. United States, supra. As to this item the court made an allowance of 1 percent. It was further stipulated that certain other cheese was wrapped in paper or foil, or both, and is the same in all material respects as that the subject of Kraft Phenix Cheese Corp. v. United States (T. D. 47955). In accordance with stipulation of counsel the court held that an allowance for the weight of the paper or foil, or both should have been made. Protests sustained to this extent.

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11 Cust. Ct. 240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/protests-778740-g-a-of-swift-co-cusc-1943.

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