C. M. Whitney Co. v. United States

BichaRdsoN, Judge:

The merchandise of this protest consists of cement entered at Port Everglades, Florida, from Belgium, and covered under entries designated as H1961, H1964, H2431 and H2432. Presently before the court is a motion for dismissal of the protest, made by the defendant in open court upon the call of the calendar in Tampa, on the ground that the court lacks jurisdiction over the protest because it presents only a claim relating to the value of the merchandise. Decision on the motion was reserved by the trial court for disposition by the division.

Subsequently, plaintiff filed what…