Tax
F. W. Woolworth Company v. United States
27 Cust. Ct. 499·United States Customs Court·1951
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Opinion
F. W. Woolworth Company v. United States
No. 8069.
Entered at Baltimore, Md.
Entry No. 2170.
(Decided on rehearing [Reap. Dec. 8032] December 11, 1951)
Sharretis, Ilillis & Paley (Howard C. Carter of counsel) for the plaintiff.
Charles J. Wagner, Acting Assistant Attorney General (Charles J. Miville, special attorney), for the defendant.
[MAJORITY — Olivee, Chief Judge:]
Olivee, Chief Judge:
This appeal for reappraisement has been submitted for decision upon the following stipulation of counsel for the parties hereto:
IT IS HEREBY STIPULATED AND AGREED, by and between counsel, subject to the approval of the court, that the judgment and order of the court dated August 7, 1951 in the above entitled cause be vacated and set aside and that the stipulation filed June 8, 1951 be withdrawn.
IT IS FURTHER STIPULATED AND AGREED that the value or price at the time of exportation of the merchandise to the United States, at which such or similar merchandise was freely offered for sale to all purchasers in the principal markets of Belgium, for consumption in Belgium, in the usual wholesale quantities and in the ordinary course of trade, including the cost of all containers and coverings of whatever nature, and all other costs, charges, and expenses incident to placing the merchandise in condition, packed, ready for shipment to the United States was the invoice unit prices, including carriage to Antwerp, cartons and packing and labor in packing, plus 4)4% transmission tax, and that there was no higher export value.
IT IS FURTHER STIPULATED AND AGREED that this appeal be resubmitted on this stipulation.
On the agreed facts I find the foreign value, as that value is defined in section 402 (c) of the Tariff Act of 1930, as amended by the Customs Administrative Act of 1938, to be the proper basis for the determination of the value of the merchandise here involved, and that such values were the invoice unit prices, including carriage to Antwerp, cartons and packing, and labor in packing, plus 4% per centum transmission tax.
Judgment will be rendered accordingly.