Esformes Packing Corp. v. United States

Richardson, Judge:

The merchandise of this protest consists of vegetables and fruits (cucumbers, eggplant, cantaloupe, watermelons) which were exported from the Dominican Republic and entered at Jacksonville, Florida, on December 31,1964. No claim is made respecting classification of the merchandise. Plaintiff seeks an allowance in duties assessed against the merchandise on the ground that some of the merchandise had spoiled, was “unsalable” and was destroyed under customs supervision.

At the trial counsel for the plaintiff elected to submit the protest upon the record, and did not call any…