Legal Opinion

United States v. Yoshida International, Inc.

Court of Customs and Patent Appeals

Decided November 6, 1975No. 75-6 C.A.D. 1160PublishedCited by 67 opinions

1Opinion of the Court

Markey, Chief Judge.

This is an appeal from a judgment of the Customs Court, 73 Cust. Ct. 1, C.D. 4550, 378 F. Supp. 1155 (1974), granting Yoshida’s motion for summary judgment, and declaring an import duty surcharge invalid. Presidential Proclamation 4074, because it imposed the sur*17charge, was held to have been beyond the President’s delegated powers. The court stated that a delegation of sufficient breadth to encompass the proclamation would have been unconstitutional. We reverse.

FACTS

Yoshida’s merchandise (zippers) was imported from Japan and entered the port of New York on August 17, 25,…

2Cases cited53 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Gibbons v. OgdenSupreme Court of the United States · 1824
  3. Yakus v. United StatesSupreme Court of the United States · 1944
  4. Youngstown Sheet & Tube Co. v. SawyerSupreme Court of the United States · 1952
  5. Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934

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3Cited by67 opinions

  1. Florsheim Shoe Company, Div. Of Interco, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1984
  2. Worthington v. FauverSupreme Court of New Jersey · 1982
  3. Worthington v. FauverNew Jersey Superior Court Appellate Division · 1981
  4. United States v. Goldberger & Dubin, P.C.Court of Appeals for the Second Circuit · 1991
  5. North American Foreign Trading Corporation v. The United StatesCourt of Appeals for the Federal Circuit · 1986

62 more not listed; retrieve them via the Exa API.

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