Pastene & Co. v. United States

JOHNSON, Judge:

The merchandise involved herein consists of olive oil in tins, imported from Italy on or about October 1, 1948. It was assessed with duty under paragraph 53 of the Tariff Act of 1930, as modified by the President’s proclamation of June 24, 1931, T. D. 44996, at 8 cents per pound on contents and container. No question as to classification has been raised, but the importer claims that duty should have been assessed on the basis of the weight set forth in the weigher’s return.

The merchandise consisted of a total of 1,249 cases, divided as follows: 499 cases and 650 cases of 12…