Schnell v. United States

Cline, Judge:

This is a suit against the United States arising at the port of New York by protest against the collector’s assessment of duty under paragraph 770 of the Tariff Act of 1930 at 2% cents per pound on onions which are claimed to have arrived in a decayed condition, unfit for human consumption. The claim for allowance is based upon section 506 (1) of the said tariff act or on the ground that the merchandise constituted a nonimportation.

The record disclosed that 1,000 crates of onions marked “Frutera” and 963 crates marked “H. S.” were imported from Chile, arriving in New York on May…