A. Millner Co., Inc. v. United States

(Reap. Dec. 8444) Entry No. 760660. A. Millner Co., Inc. v. United States (Decided May 26, 1955) Siegel, Mandell & Davidson for the plaintiff. Warren E. Burger, Assistant Attorney General, for the defendant. [MAJORITY — Johnson, Judge:] Johnson, Judge: This appeal for reappraisement has been submitted for decision upon the following stipulation of counsel for the parties hereto: IT IS STIPULATED AND AGREED by and between counsel for the respective parties hereto, subject to the approval of the court, that at the time of the exportation of the merchandise herein, such or similar merchandise was freely offered for sale to all purchasers in the principal markets of the country from which exported, in the usual wholesale quantities, and in the ordinary course of trade, for export to the United States at $25.00 per 100 Kilos, net packed. IT IS FURTHER STIPULATED AND AGREED that the foreign market value on date of exportation was no higher for such or similar merchandise. IT IS FURTHER STIPULATED AND AGREED that this case may be submitted for decision on the foregoing stipulation. On the agreed facts I find the export value, as that value is defined in section 402 (d) of the Tariff Act of 1930, to be the proper basis for the determination of the value of the merchandise here involved, and that such value was $25 per 100 kilos, net packed. Judgment will be entered accordingly.