11 Cust. Ct. 357 | Cust. Ct. | 1943
This is an appeal for a reappraisement of certain scrap silk cord imported from Canada. The shipment consisted of one carton which was entered at a nominal value of $5 for the entire contents. The merchandise was appraised at $10.35 Canadian per gross yards, net packed, upon the basis of the cost of production.
At the trial the evidence disclosed that the shipper of the silk cord, Irvin Air Chute, Ltd., is a subsidiary of the Irving Air Chute, Ltd., Inc., of Buffalo, the ultimate consignee herein; that as a result of a conversation between certain officials of the two companies relative to the disposition of scrap cord and a suggestion that it might be given to the Boy Scout Organization, the Canadian subsidiary sent over a carton two-thirds filled with short ends averaging from 6 to 12 feet in length but containing some pieces of 28 and 51 feet long; that this particular silk cord is manufactured solely for use as parts of parachutes, and is purchased in continuous lengths of 540, 680, 780, or 1,020 linear feet; that the shortest length used in parachutes is 30-inch pieces to attach the pilot chute to the parachute; that the shortest continuous cord purchased is 54 feet; and that in fitting the various cords to parachutes they are stretched and there are always scrap ends of various lengths left over. It further appears that neither the Canadian nor the American company had ever been able to find an outlet for these scrap ends and they were disposed of by either burning or throwing away as rubbish; that the silk cord here imported, upon receipt by the importer, was dumped upon the rubbish pile with similar scrap cord and disposed of as rubbish.
Various customs officials at Peace Bridge in Buffalo testified that the carton of cord was taken from the truck, weighed and found to contain a hundred pounds net, the weight of the carton being esti
From the evidence before us it appears that the appraiser had adopted the price of $10.35 Canadian as the cost of production of the ■cord in question. The actual production costs amounted only to $9.84 not including the profit of the manufacturer, which was not obtainable; that a selling price of $11.35 per gross yards included the profit, as well as other expenses, and that lengths of 54 or 57 feet or “seconds” were sold at a reduction of $1 Canadian per gross yards, or $10.35 per gross yards. Therefore the appraiser in adopting the price
It is true that the imported material, according to the uncontra-dicted evidence, was worthless and had no commercial value, and was discarded upon importation. However, it has long been held that all imported merchandise for customs purposes must have some value. The basis of such value of imported merchandise, under section 402, act of 1930, shall be the foreign value, or the export value, whichever is higher. In the absence of either of such values the United States value is to be taken, but when there is no such value, the basis of ap-praisement shall be the cost of production. It is indeed unfortunate that the shippers of the merchandise herein or the importers failed to ascertain the perils awaiting the introduction into this country of valueless merchandise. Under the law, however, no relief may be granted by this reappraisement court.
There is some testimony attempting to establish that the quantity imported was actually less than 100 pounds as reported by the customs officials. That, however, is not a reappraisement matter, but it might be noted in passing that the quantity imported was not weighed by the importer or his representatives, and was destroyed without ascertaining the quantity imported. Evidence establishing that the merchandise could not possibly have weighed as much as reported by the weigher falls far short of establishing the actual iveight.
For the reasons stated, I find nothing to disturb the action of the appraiser, which is presumptively correct, and I am constrained to adopt such value as the value to be used as the basis of duty.
Judgment will be rendered accordingly.