Legal Opinion

Empey v. United States

United States Customs Court

Decided December 5, 1949No. C. D. 1194PublishedCited by 1 opinion

1Opinion of the Court

Eicwall, Judge:

These two petitions, filed under authority of section 489 of the Tariff Act of 1930, pray for remission of additional duties assessed because of undervaluation of certain pictures and frames imported from Mexico. They were consolidated for trial. At the hearing at the port of San Francisco, Government counsel moved to dismiss the petitions, alleging that they were not filed by proper parties under rule 29 of the United States Customs Court rules, adopted May 29, 1936, as amended by T. D. 51378, in effect at the time of filing thereof. Under that rule petitions may be filed “by…

2Cases cited3 opinions

  1. Wright v. EllisonSupreme Court of the United States · 1864
  2. United States v. MinkusCourt of Customs and Patent Appeals · 1928
  3. Petitions 5553-R of McCabe Bros. ex rel. MackayUnited States Customs Court · 1938

3Cited by1 opinion

  1. Heemsoth Kerner Corp. v. United StatesUnited States Customs Court · 1953

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