E. S. Novelty Co. v. United States

WatsoN, Judge:

This civil action contests the denial of five protests. Defendant has moved to dismiss the action on the ground that a jurisdictional prerequisite has not been satisfied, namely, plaintiff has failed to pay the increased duty on entry No. 342322 covered by protest 1001-1-013776. An affidavit to this effect, by the acting assistant chief counsel for Customs Court litigation has been filed with defendant’s motion and plaintiff has, in effect, admitted its failure to pay. Plaintiff, however, requests that the protest containing the defective entry be severed and dismissed and the…