Tax
Alltransport Inc., et al. v. United States
19 Cust. Ct. 210·United States Customs Court·1947
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Opinion
Alltransport Inc., et al. v. United States
No. 7326.
Invoices dated London, England, July 1945, etc.
Certified July 1945, etc.
Entered at New York, N. Y., August 17, 1945, etc.
Entry No. 706461, etc.
(Decided July 9, 1947)
Barnes, Richardson & Colburn (Hadley S. King of counsel) for the plaintiffs.
Paul P. Rao, Assistant Attorney General, for the defendant.
[MAJORITY — Cole, Judge]
Cole, Judge
(Abstract): These appeals for reappraisement of various items of merchandise concern the so-called British purchase tax, described in the law of the United Kingdom entitled, “Finance (No. 2) Act 1940 3 & 4 Geo. 6 Ch. 48.” The said tax was held not to be an item to be included in foreign value as defined in section 402 (c) of the Tariff Act of 1930 as amended by the Customs Administrative Act of 1938 (19 U. S. C. § 1402 (c)). United States v. Wm. S. Pitcairn Corp., 33 C. C. P. A. 183, C. A. D. 334.
A written stipulation o'f fact, submitting these cases, is sufficient to show that export value, section 402 (d) of the Tariff Act of 1930 (19 U. S. C. § 1402 (d)), is the proper basis for appraisement of the instant merchandise, and that such statutory values for the articles in question are the appraised values, less additions made by the importers on entry because of advances in similar cases.