Hills Bros. v. United States
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. The property involved consisted of onions, dutiable under Tariff Act July 24,1897, c. 11, § 1, Schedule G, par. 249, 30 Stat. 170 [U. S. Comp. St. 1901, p. 1650], at the rate of “forty cents per bushel.”
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Appeal from the Circuit Court of the United States for the Southern District of New York. The property involved consisted of onions, dutiable under Tariff Act July 24,1897, c. 11, § 1, Schedule G, par. 249, 30 Stat. 170 [U. S. Comp. St. 1901, p. 1650], at the rate of “forty cents per bushel.” The importers contended that the collector erred in making the assessment of duty on the basis of a weight of 57 pounds per bushel, and that the more liberal standard of 60 pounds should have been adopted.
1Per curiam
It must be assumed that when Congress passed the tariff act of 1897 it knew that it had been for some years the practice of-the Treasury Department to accept 57 pounds as the regular standard weight of a bushel of onions. Inasmuch as Congress did not in that act specify -the weight—as it did in the case of some other commodities—it must be assumed that it intended to accept that standard.
Decision affirmed.
2Cited by1 opinion
- Kuttroff, Pickhardt & Co. v. United StatesCourt of Appeals for the Second Circuit · 1909