Legal Opinion

Rubberset Company v. United States

United States Customs Court

Decided September 25, 1972No. C.R.D. 72-9; Protest 70/56362PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

WATSON, Judge:

Defendant has moved to dismiss the complaint for failure to state a cause of action, a motion not specifically set out in the rules of this court but one I would not hesitate to entertain and grant pursuant to Rule 1.1(b) 1 if the circumstances so required.

Plaintiffs are seeking relief pursuant to item 807.00 of the Tariff Schedules of the United States, 2 thus claiming in effect that the value of certain components made in the United States should be deducted from the dutiable value of the importation. The specific shortcoming claimed by defendant is…

2Cases cited4 opinions

  1. Byrd v. BatesCourt of Appeals for the Fifth Circuit · 1955
  2. Karlinsky v. New York Racing Association, Inc.District Court, S.D. New York · 1970
  3. Britton v. United StatesUnited States Customs Court · 1952
  4. James X. Conway v. I. Slaughter, Psychiatrist, California Medical Facility, and Fifty-Eight OthersCourt of Appeals for the Ninth Circuit · 1971

3Cited by2 opinions

  1. Eastalco Aluminum Co. v. United StatesUnited States Court of International Trade · 1990
  2. Mitsubishi International Corp. v. United StatesUnited States Customs Court · 1973

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