United States v. Ewing

At the instance of the Government, this case comes on for further hearing upon a motion to modify the' order for remand *340and reliquidation. In support of tbe motion it is alleged that the protest makes no claim for reliquidation upon the basis determined by the court, and that therefore the importers are not entitled to the benefit of the lower rate held to be applicable. The merchandise was assessed for duty under the proviso to paragraph 421 construed in connection with paragraph 405 of the tariff act of 1909. The issue raised by the motion was not presented or discussed upon the hearing in…