Legal Opinion · Dissent

East Asiatic Co. v. United States

Court of Customs and Patent Appeals

Decided March 20, 1940No. 4272Published

1Dissent

*370DISSENTING OPINION

Lenroot, Judge:

I respectfully dissent from the conclusion reached by the majority in this case. It seems very clear to me that when the merchandise was unloaded on the dock at Los Angeles for transshipment to Denmark, and the proper entries were made for such transshipment, together with a bond as the law and regulations require in such cases, it was not subject to the provisions of section 304 (b).

We have many times held that the purpose of the marking statute was to protect the United States manufacturer and purchaser of the merchandise. Obviously there could be no object…

2Cases cited5 opinions

  1. M. H. Pulaski Co. v. United StatesCourt of Customs and Patent Appeals · 1915
  2. United States v. Cronkhite Co.Court of Customs and Patent Appeals · 1919
  3. Kee Co. v. United StatesCourt of Customs and Patent Appeals · 1925
  4. McLean v. HagerU.S. Circuit Court for the District of Northern California · 1887
  5. Minneapolis Cold Storage Co. v. United StatesCourt of Customs and Patent Appeals · 1919

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