Moscahlades Bros., Inc. v. United States

Donlon, Judge:

The issue before us is something of a conundrum. Are olives green, in the tariff sense, when they are immature; or, regardless of maturity, when they are green in color? Similarly, are olives ripe, in the tariff sense, when they are mature; or, regardless of maturity, when they have the dark, or black, color that is characteristic of maturity for some olives?

What olives are green and what olives are ripe has been a much litigated question. The issue is not new. What is new before us now, is that defendant has this time produced extensive testimony in an effort to prove a…