United States v. Nineteen Bales of Tobacco
District Court, S.D. New York
Information in Forfeiture. Suit for forfeiture of goods under the provisions of section 9 of the customs administrative act of June 10, 1890. The merchandise in question, to wit, 19 bales of tobacco, was imported from Mexico. The invoice presented to the collector of the port, and upon which entry was made, contained among other things the following language: “Bought as fillers and to be sold as fillers.”
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Information in Forfeiture. Suit for forfeiture of goods under the provisions of section 9 of the customs administrative act of June 10, 1890. The merchandise in question, to wit, 19 bales of tobacco, was imported from Mexico. The invoice presented to the collector of the port, and upon which entry was made, contained among other things the following language: “Bought as fillers and to be sold as fillers.” The government examiner reported that the tobacco was not in fact “fillers” but “wrappers.” Fillers are subject to a duty of 35 cents a pound, and wrappers to a duty of $1.85 á pound. These…
1Opinion of the CourtBrown, District Judge
(charging jury). The object of this statute, gentlemen, is to secure to the United States the payment of its just duties. An incidental and by no means unimportant part of this procedure for the enforcement of the payment of the proper duties, is also equality in trade. No merchant can compete fairly •and honestly against dishonesty in importations under a tariff which imposes high duties. The distinction between wrapper tobacco and ¿fillers alone under our tariff law is very great, the duty being 35 cents a pound for fillers, but $1.85 a pound for wrappers; and so with' all other branches of…
2Cited by1 opinion
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