Arnold Pickle & Olive Co. v. United States

Watson, Judge:

The trial in this case was limited to the question of the costs of packing certain cucumbers for shipment to the United States in 1971. Plaintiff had previously been granted a partial summary judgment as to the export value of the cucumbers, exclusive of the packing costs. Arnold Pickle & Olive Co. v. United States, 79 Cust. Ct. 50, C.D. 4712, 435 F. Supp. 921 (1977).

The court is satisfied that plaintiff has proven the packing costs by a preponderance of the evidence. The minor flaws emphasized by defendant are tolerable imperfections and not failures of proof. The testimony of…