Mitchell Food Prods, Inc. formerly Southern Gold Citrus prods, Inc. v. United States

Opinion

Aquilino, Judge:

The drawback of duties on imports has been an element of federal governance of America since its inception 1 , but the grant thereof has long been held to be a privilege, not a right, with doubt in regard thereto to be resolved in favor of the government. E.g., Swan & Finch Co. v. United States, 190 U.S. 143, 146 (1903); Nestle’s Food Co. v. United States, 16 Ct.Cust.Appls. 451, 455, T.D. 43199 (1929), and cases cited therein. Moreover, the national Constitution, from the beginning, has required an actual stake in a case or controversy asserted under Article III, with…