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ERNEST E. MARKS CO. v. UNITED STATES

Customs Appeal No. 4316.

117 F.2d 542 (1941)

ERNEST E. MARKS CO. v. UNITED STATES.

Court of Customs and Patent Appeals.

February 3, 1941.

Attorney(s) appearing for the Case

Campbell, Clithero & Fischer, of Chicago, Ill. (J. Milton Guy, Jr., of Chicago, Ill., and James L. Gerry, and Barnes, Richardson & Colburn, all of New York City, of counsel), for appellant.

Charles D. Lawrence, Acting Asst. Atty. Gen. (Charles J. Miville, Sp. Atty., of New York City, of counsel), for the United States.

Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges.

BLAND, Associate Judge.

Appellant imported at Chicago in the year 1937 certain corn from Argentina. The Collector of Customs at said port assessed duty upon the merchandise at the rate of 25 cents per bushel under paragraph 724, of section 1 of the Tariff Act of 1930, 19 U.S.C.A. § 1001, par. 724, the pertinent part of which reads: "Par. 724. Corn or maize, including cracked corn, 25 cents per bushel of fifty-six pounds...

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