Willner v. United States

U.S. Customs Court

Willner v. United States

20 Cust. Ct. 358, 1948 Cust. Ct. LEXIS 351

CourtUnited States Customs Court

DecidedJanuary 21, 1948

DocketNo. 7516; Entry No. 733612

StatusPublished

This text of 20 Cust. Ct. 358 (Willner v. United States) 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

Willner v. United States, 20 Cust. Ct. 358, 1948 Cust. Ct. LEXIS 351 (cusc 1948).

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Opinion

Lawrence, Judge:

When this appeal for reappraisement was called for hearing, there was no appearance on behalf of the appealing party, and counsel for the United States moved for a judgment sustaining the appraised value.

Under rule 6 of this court, where there is no appearance in a case when it is called “it shall be deemed' submitted, and shall be decided by the court on the record as it appears therein.”

I have examined the record in this appeal and find nothing therein which tends in any way to overcome the presumption of correctness which attaches to the decision.of the appraiser. I, therefore, find that the proper value of the merchandise is the value returned by the appraiser, which results, in effect, in granting the motion made by counsel for the United States.

Judgment will be entered accordingly.

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Lawrence, Judge:

When this appeal for reappraisement was called for hearing, there was no appearance on behalf of the appealing party, and counsel for the United States moved for a judgment sustaining the appraised value.

Under rule 6 of this court, where there is no appearance in a case when it is called “it shall be deemed' submitted, and shall be decided by the court on the record as it appears therein.”

I have examined the record in this appeal and find nothing therein which tends in any way to overcome the presumption of correctness which attaches to the decision.of the appraiser. I, therefore, find that the proper value of the merchandise is the value returned by the appraiser, which results, in effect, in granting the motion made by counsel for the United States.

Judgment will be entered accordingly.

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Bluebook (online)

20 Cust. Ct. 358, 1948 Cust. Ct. LEXIS 351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willner-v-united-states-cusc-1948.