Montgomery Ward & Co. v. United States

The following statement in the majority opinion (with which I concur) should be amplified: “We find no significant evidence in the record that organs of the type in which the importations are used are ever sold without cabinets.” The inference is that the decision would have been different if such evidence had been present. However, in Authentic Furniture Products, Inc. v. United States, 61 CCPA 5, 486 F. 2d 1062, C.A.D. 1109 (1973), there was ample evidence that the importations involved were advertised and sold without “essential” parts, but the majority, nevertheless, held that the…