United States v. Gothic Watch Co.

23 Cust. Ct. 235, 1949 Cust. Ct. LEXIS 1163
CourtUnited States Customs Court
DecidedJune 28, 1949
DocketNo. 7712; Entry No. 718904
StatusPublished
Cited by87 cases

This text of 23 Cust. Ct. 235 (United States v. Gothic Watch 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.

Bluebook
United States v. Gothic Watch Co., 23 Cust. Ct. 235, 1949 Cust. Ct. LEXIS 1163 (cusc 1949).

Opinion

Cline, Judge:

This is an application for review of a decision rendered by a single judge of the United States Customs Court in an appeal for reappraisement challenging the legality of the appraiser’s action in attempting to reappraise the imported merchandise.

The merchandise consisted of wrist watches, imported from Switzerland on or about December 20, 1943. The following facts are established by a stipulation of the parties and the oral and documentary •evidence herein. The merchandise was entered on December 28,1943, and thereafter the invoice and a form entitled “Summary of Exami[236]*236nation and Appraisement” were transmitted to the appraiser for the-purpose of appraisement. The total invoice value was 4,455.15 Swiss francs, paper currency. The value entered on the summary-sheet is 4,416.80 Swiss francs at 233060 [apparently $0.233060 (compare defendant’s exhibit 4)] or $1,029.38.

The invoice and summary sheet were returned to the collector on or about January 7, 1944. At that time there appeared thereon a check mark (%/) in red ink under the column headed “appraised” and in the column entitled “Examiner and Date of Examination” the initials “M. H.” and the date “12/31/43.” The instructions on the-summary sheet provide that a check mark in the column marked “Appraised” indicates that “the appraised value agrees with the entered value as represented by the information set forth on the invoice and in any importer’s notations endorsed thereon or attached thereto.” The paper was signed by Assistant Appraiser H. H. Crum and stamped “Approved Jan 6 1944 John H. Flynn Appraiser.”

Thereafter, at some time between the months of March and May 1946, pursuant -to certain instructions of the Bureau of Customs-published as T. D. 51398, the invoice and accompanying papers were-again sent by the collector to the appraiser and were subsequently returned on or about June 24, 1946. At that time the red check mark (\/) in the column entitled “Appraised” on the summary sheet, together with the stamped approval, date, and signature of the-appraiser, had been stricken out and marked “Void H. H. C. 6/18/46”' and new notations in red ink had been made thereon. In the column marked “Appraised” there was noted “Adv. H. H. C. 6/18/46” and across the face of the summary sheet there was stamped “Appraised in Free Swiss Francs (T. D. 51398)” and the report was signed in ink by John H. Flynn, appraiser, and dated June 18, 1946.

A notation that had previously been entered in the collector’s-official record of invoices returned by the appraiser was stricken out in lead pencil and the notation “June 26, 1946 Adv. V.” entered, indicating that the appraised value of the merchandise was higher than the entered value. Accordingly, a written notice of appraisement was given by the collector and an appeal for reappraisement was-taken by the importer.

Morris Halperin, examiner of merchandise, testified that the ap-praisement of January 6, 1944, was in Swiss francs; that in the early part of 1944 he became aware that there were two different rates of exchange for Swiss francs, but that he had no official notice of ,that fact; that he appraised in Swiss francs and was not concerned with the rate of exchange.

Henry H. Crum, assistant appraiser, testified that he and Mr. Halperin were satisfied that the unit value in Swiss francs, whatever the rate of exchange, was correctly stated on the invoice and entry; [237]*237'that after he had approved the examiner’s action and affixed the •stamp of the appraiser, the invoice and summary sheet were sent to the collector’s office; that they were subsequently returned pursuant to T. D. 51398; that in making the report of June 18, 1946, he did not ■exercise any discretion but followed the instructions in T. D. 51398; that the advance in value in that return was due to the change of .■appraisement from a franc that carried one conversion rate to a franc that carried a higher conversion rate.

George E. Berge, chief liquidator, testified that liquidation could not have been made as of the date the summary sheet was received by him before any change had been made because the collector was :not in possession of a rate of exchange certified by the Federal Reserve bank for the date of exportation; that no rate had been proclaimed by the Director of the Mint for Swiss francs for the -quarter in which the date of exportation herein fell; that when he received the papers he assumed there had been a valid appraisement and sought to find •an exchange rate for the Swiss franc; that in the normal course where .he did not find a daily rate, he would suspend liquidation until he got it; that liquidation of the entry herein was withheld under instructions from the Bureau of Customs; that if he had received no instructions •and had received a rate of exchange, he would have liquidated, and if he had received two rates, he would have asked the appraiser which Tate governed; that asking the appraiser which rate he adopted does not necessitate a reappraisement.

T. D. 51398, issued by the Commissioner of Customs and approved by the Acting Secretary of the Treasury on January 28, 1946, states that the Federal Reserve bank has certified or will certify two daily buying rates for the Swiss franc for the dates from August 2, 1943, to June 30, 1944, inclusive, the higher to be designated “free” and the lower “official,” and that the appropriate certified rate must be used for customs purposes in all cases in which a conversion rate for •any of those dates is required. The reason for the two rates is explained in the T. D. as follows:

By Executive Order No. 8785 of June 14, 1941, there was a general blocking •of all continental European credits in the United States. Soon after the issuance of that Executive order, the Swiss Government limited the blocked United States dollars which would be accepted at the official rate to those blocked dollars obtained in payment of exports. Some time later, by regulation effective August 1, 1943, the Swiss Government placed a limit upon the amount of blocked dollars which could be converted at the official rate in payment of exports of Swiss clocks, watches, or parts, movements, or cases thereof, Under the regulation there were established individual quotas up to which the Swiss National Bank was authorized to accept blocked dollars from manufacturers or exporters each month in payment for clocks, watches, or parts, movements, or cases thereof, when intended for export to those countries which normally paid in United States dollars, i. e., the United States and certain other countries. Blocked dollars were accepted at the official rate in payment for unlimited exports of other commodities.
[238]*238However, exports of clocks, watches, or parts, movements, or cases thereof in excess of the established quotas were not prohibited, provided the exporter exceeding his quota obtained payment for the excess exportation in Swiss francs acquired at the free rate of exchange or in blocked dollars convertible at the free rate, and many such excess exports actually were imported directly or indirectly into the United States.

Accordingly, the T. D. holds that the free rate is the proper rate for imports of clocks, watches, or parts, movements, or cases thereof, and the official rate is the proper one for all other imports. The T. D.

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Bluebook (online)
23 Cust. Ct. 235, 1949 Cust. Ct. LEXIS 1163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-gothic-watch-co-cusc-1949.