Pistorino & Co. v. United States

*100CONCURRING OPINION

Newman, Judge:

I concur with the views of Judge Landis respecting the merits, but wish to comment briefly concerning the jurisdictional question raised sua sponte, by my learned colleague, Judge Bichardson.

The dissenting opinion points out that there are several statements made by the importer in the official documents before the court which *101are inconsistent with plaintiff’s original claim under item 800.00 of the Tariff Schedules of the United States. These statements indicate that the returned American goods were not in an unimproved and un-advanced state as required by…