United States v. Vicki Enterprises, Inc.

I am not in agreement with the Customs Court in its determination that appellee carried its burden of proof that merchandise such as or similar to that imported was in fact “freely” sold or offered for sale to all purchasers on an ex-factory basis. The evidence does indeed show that the merchandise in question was sold on an ex-factory basis to appellee. However, the evidence also shows that appellee bargained •for its prices, and this is inconsistent with the statutory requirement (19 USC 1401a(b) j1 that the merchandise be “freely” sold or offered for sale for purposes of export value.…