Associated Dry Goods Corp. v. United States

WatsoN, Judge:

Defendant has moved to dismiss this protest pursuant to Rule 4.7 (b) of the rules of this court for lack of jurisdiction arising from a failure to pay the increased duties found to be due on entry No. 582106 of this protest. Defendant has submitted an affidavit of F. G. Huml, Financial Division Director of Customs for the Eegion of New York, attesting to the fact that payment of the increased duties has not been made.

Plaintiff is opposing this motion primarily on grounds which relate to the adequacy of the affidavit and secondarily on grounds relating *24to the timing of the…