Legal Opinion

Protest 987157-G of Nozaki Bros.

United States Customs Court

Decided December 17, 1940No. 44979Published

1Opinion of the Court

Opinion by

Walker, J.

In accordance with stipulation of counsel and on the authority of Nozaki v. United States (1 Cust. Ct. 262, C. D. 61) the claim for free, entry was sustained. A motion to dismiss the protest on the ground that no new issue was involved in the reliquidation so far as the boxes were concerned was denied. United States v. Dickson (139 Fed. 251, T. D. 26422), Herrmann v. United States (G. A. 5346, T. D. 24459), Dow v. United States (T. D. 48163), United Slates v. Kurtz (5 Ct. Cust. Appls. 144, T. D. 34192), and Smith v. United States (1 id. 489, T. D. 31527) cited.

2Cases cited3 opinions

  1. United States v. Kurtz, Stuböeck & Co.Court of Customs and Patent Appeals · 1914
  2. Nozaki Bros., Inc. v. United StatesUnited States Customs Court · 1938
  3. United States v. DicksonCourt of Appeals for the Second Circuit · 1905