Protests 90489-K of China Dry Goods Co.

U.S. Customs Court

Protests 90489-K of China Dry Goods Co.

15 Cust. Ct. 338

United States Customs Court·Decided November 30, 1945·No. No. 50727·Published

Opinion

Opinion by

Oliver, P. J.

The testimony of plaintiff’s witness relating to the merchandise in question was held to be of little value, in view of his limited experience in handling toys. The Government examiner testified that he had returned as toys, fur dogs containing a device for producing a squeak; and those without such device, as manufactures of fur. The Government moved to dismiss the protests on the ground that plaintiff had failed to make out a prima facie case. The record being wholly insufficient to overcome the presumption of correctness attaching to the collector’s classification, the motion to dismiss was granted.

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Opinion by

Oliver, P. J.

The testimony of plaintiff’s witness relating to the merchandise in question was held to be of little value, in view of his limited experience in handling toys. The Government examiner testified that he had returned as toys, fur dogs containing a device for producing a squeak; and those without such device, as manufactures of fur. The Government moved to dismiss the protests on the ground that plaintiff had failed to make out a prima facie case. The record being wholly insufficient to overcome the presumption of correctness attaching to the collector’s classification, the motion to dismiss was granted.

Protests 90489-K of China Dry Goods Co., 15 Cust. Ct. 338 (cusc 1945).

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15 Cust. Ct. 338 (Protests 90489-K of China Dry Goods Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.