United States v. Sears, Roebuck & Co.

United States v. Sears, Roebuck & Co. No. 5820. Invoices dated Belfast, Ireland, April 23,1942, and May 7,1942. Certified May 1, 1942, and May 15, 1942. Entered at New York, N. Y., May 26, 1942, and June 9, 1942. Entry Nos. 752329 and 754235. (Decided February 12, 1943) Paul P. Bao, Assistant Attorney General (Samuel D. Spector, special attorney), for the plaintiff. James W. Bevans, for the defendant. [MAJORITY — Kincheloe, Judge:] Kincheloe, Judge: These appeals to reappraisement have been submitted for decision upon an oral stipulation entered into by and between counsel for the respective parties hereto. Accepting the stipulation as a statement of fact, 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 values are as follows: Reappraisement No. per yard 148126-A 36)4" A/L White Art Linen, manufacturer’s No. 3734, 39 pence call No. 7216 54" A/L White Art Linen, manufacturer’s No. 3734, call 61)4 pence No. 7218 45" A/L White Art Linen, manufacturer’s No. 2640, call No. 7223 56 pence 54" A/L White Art Linen, manufacturer’s No. 2640, call No. 7224 69)4 pence 148127-A 36A/L White Art Linen, manufacturer’s No. 3734, 39 pence call No..7216 54” A/L White Art Linen, manufacturer’s No. 3734, call 61^ pence No. 7218 AH less 3}i per centum discount, plus cases and packing as entered. Insofar as the appeals relate to all other merchandise they are hereby dismissed. Judgment will be rendered accordingly.