Protests 945809-G of Otto Roth & Co.

U.S. Customs Court

Protests 945809-G of Otto Roth & Co.

14 Cust. Ct. 191

CourtUnited States Customs Court

DecidedJanuary 13, 1945

DocketNo. 49955

StatusPublished

This text of 14 Cust. Ct. 191 (Protests 945809-G of Otto Roth & 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 945809-G of Otto Roth & Co., 14 Cust. Ct. 191 (cusc 1945).

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Opinion

Opinion by

Keefe, J.

In accordance with stipulation and following the cited cases the following allowances were made by the court to compensate for foreign substance on the outside of the cheese: (1) 2}£ percent for cheese similar in all material respects to that the subject of Scaramelli v. United States (9 Cust. Ct. 270, C. D. 706), and Abstracts 42146 and 48269; and (2) 1 percent for cheese similar in all material respects to the Reggiano cheese the subject of Scaramelli v. United States, supra. Cheese similar in all material respects to that the subject of United States v. Wheeler & Miller (32 C. C. P. A. 22, C. A. D. 280) was held properly dutiable at 5 cents per pound under paragraph 710 as modified by T. D. 48554 as claimed. The protests were, sustained to this extent.

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Opinion by

Keefe, J.

In accordance with stipulation and following the cited cases the following allowances were made by the court to compensate for foreign substance on the outside of the cheese: (1) 2}£ percent for cheese similar in all material respects to that the subject of Scaramelli v. United States (9 Cust. Ct. 270, C. D. 706), and Abstracts 42146 and 48269; and (2) 1 percent for cheese similar in all material respects to the Reggiano cheese the subject of Scaramelli v. United States, supra. Cheese similar in all material respects to that the subject of United States v. Wheeler & Miller (32 C. C. P. A. 22, C. A. D. 280) was held properly dutiable at 5 cents per pound under paragraph 710 as modified by T. D. 48554 as claimed. The protests were, sustained to this extent.

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14 Cust. Ct. 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/protests-945809-g-of-otto-roth-co-cusc-1945.

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