J. A. Kirsch, Ltd. v. United States

Cline, Judge:

This is a suit against the United States in which the plaintiff seeks to recover a part of the duty assessed on certain Dalmatian sour cherries imported from Yugoslavia. Duty was assessed at 2 cents per pound under paragraph 737 of the Tariff Act of 1930 and the plaintiff claims that duty should have been assessed at 1 cent per pound under the same provision as amended by the trade agreement with Canada published in T. D. 49752. The provisions involved read as follows:

Pae. 737 (Tariff Act of 1930) Cherries: (1) in their natural state, 2 cents per pound; * * *

Pae. 737 (Trade…