Franklin Industries, Inc. v. United States

Richardson, Judge:

In this action involving the importation from West Germany of a used Schiess MC WBF-19 horizontal boring mill (“Schiess mill”) plaintiff has moved and defendant has cross-moved for summary judgment. The essential facts underlying the controversy are not in dispute.

Plaintiff purchased the boring mill in October 1977, in West Germany from Konrad Seidler for shipment to the United States. Owing to its size and weight [14.5' high x 40' long and 137,000 pounds] and the difficulty of obtaining booking for shipment the mill was disassembled and containerized except for one 30 foot…