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39 Cust. Ct. 533

E. Leitz, Inc. v. United States

United States Customs Court

Decided December 11, 1957

United States Customs Court · decided 1957-12-11

Applies 19 U.S.C. § 1402 · 28 U.S.C. § 2636

Relies on W. N. Proctor Co. v. United States

Decided 1957-12-11

Wilson, Judge:

¶1This matter is presently before me on a remand from a classification proceeding decided by the first division of this court in E. Leitz, Inc. v. United States, 36 Cust. Ct. 391, Abstract 59812. The judgment entered therein stated: “ … that the matters be remanded to a single judge in reappraisement pursuant to the provisions of Title 28 U. S. C. § 2636 (d).”

¶2The matter has been submitted for decision upon an agreed statement of facts entered into by and between counsel for the respective parties hereto.

¶3Upon the agreed facts, I find the export value, as that value is defined in section 402 (d) of the Tariff Act of 1930 (19 U. S. C. § 1402 (d)), to be the proper basis for determining the values of the involved merchandise and that such values were as follows:

*534Merchandise United States dollars per each
12 Polarizing Microscopes MOP, without front Collector and POEMP diaphragm and other parts_ $454. 44
12 wooden containers to fit_ 22. 96
5 Greenough Microscopes YEEUW_ 160. 04
5 wooden containers to fit_ 14. 40 less 25 per centum discount for each item

¶4I further find such values to be the dutiable values of said merchandise.

¶5Insofar as the matter relates to all other merchandise, it is hereby dismissed.

¶6Judgment will be entered accordingly.

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