Erminio v. United States

Keefe, Judge:

The merchandise in this case consists of Tuscan Pecorino Genuine Cheese, having a covering upon the outside thereof consisting of Fuller’s earth. Duty was assessed thereon by the collector at 35 per centum ad valorem under the provisions of paragraph 710 of the Tariff Act of 1930 upon the basis of the unit price, packed, times the quantity of net cheése imported, the collector having considered the Fuller’s earth covering as a part of the net weight of the cheese. The plaintiffs claim that insufficient allowance was made for tare because there was no allowance from the net weight…