United States v. Park

No. 1,766
Decided Circuit Court, S. D. New York
Disposition
affirmed
full scope · unanimous
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Court
board of general appraisers
Decided
Judge
WHEELER, District Judge
Posture
Decision by board of general appraisers reversing collector's refusal to allow deficiency and ordering reliquidation
Plaintiff/Appellant (1)
UNITED STATES
James T. Van Rensselaer, Asst. U.S. Atty.
v.
Defendants/Appellees (1)
PARK et al.
W. Wickham Smith, for defendants

Overview

Decision of general appraisers affirmed.

Case summary

The United States appealed a decision by the board of general appraisers that reversed the collector of the Port of New York's refusal to allow a deficiency in imported cigars. Park & Tilford imported 8 cases of 31,000 cigars, but an assistant appraiser found 1,100 cigars short in one case. The collector denied an allowance, citing lack of proof under Treasury Regulations, but the board found a shortage and lessened duties. On appeal, the Circuit Court affirmed, holding that the appraiser's report of deficiency was statutory evidence sufficient to support the finding under Rev. St. § 2921, as the goods were in customs custody from entry, presuming no loss after importation.

Abstract

Importer faced refusal of deficiency allowance for short cigars due to lack of proof under regulations, but the board reversed, finding a shortage and reducing duties based on the appraiser's report. The court affirmed, holding the report as statutory evidence sufficient given customs custody from entry, presuming no post-importation loss. Decision of general appraisers affirmed.

Opinion of the court

Majority
opinion
WHEELER, District Judgejoined by Not specified
  • Report by examiner and appraiser is statutory evidence for deficiency
  • No further proof necessary due to custody presumption
  • Merwin v. Magone distinguished as involving opposite finding

Jurisdiction

not challenged
Statutory basis
section 14 of the customs administrative act (26 Stat. 137)
Subject matter
Appeal from board of general appraisers regarding customs duties
Jurisdictional facts
  • Appeal lies to board of general appraisers under section 14 of the customs administrative act on questions affecting amount of duties

Procedural posture

Posture at trial
Decision by board of general appraisers reversing collector's refusal to allow deficiency and ordering reliquidation
Posture on appeal
Appeal by government from decision of board of general appraisers
Preserved issues
  • Whether evidence supports finding of shortage in imported cigars

Legal categories

Business

Case record

Full case name
UNITED STATES v. PARK et al.
Docket number
No. 1,766
Court
Circuit Court, S. D. New York
Trial court
board of general appraisers
Trial court judge
Not specified
Decided
Opinion author
WHEELER, District Judge
Opinion type
published
Precedential status
precedential
Judges on panel
WHEELER, District Judge

Issues & holdings

1
Issues raised
1
affirmed
1
Holdings
Standard of review

Not explicitly stated, but implied as review of evidence sufficiency

Disposition rationale

Report by examiner and appraiser was statutory evidence sufficient to support finding

Preservation

Issue preserved for review

Holdings of the court

Evidence for shortage in imported cigars
Report by assistant appraiser of deficiency is proper and sufficient evidence to base allowance for deficiency in estimating duties
Examiner and appraiser were government officials charged to ascertain and report; their report showed deficiency found on examination, which is statutory evidence under Rev. St. § 2921; merchandise in custody of customs officials from entry supports presumption that examined goods were imported and none lost after importation
unanimousbinding precedent

Error analysis

  • No evidence to support board's finding of shortage — evidentiary · no error foundNot applicable as no error found · not applicable

Statutory interpretation

2
Statute
Rev. St. § 2921
Question
Whether report by appraiser of deficiency is sufficient evidence for allowance in duties
Court's reading
Report is statutory evidence on which allowance is required to be made in estimating duties
Canons applied
Plain meaningStatutory presumption
no legislative history
Statute
section 14 of the customs administrative act (26 Stat. 137)
Question
Appeal jurisdiction to board of general appraisers
Court's reading
Appeal lies on questions affecting amount of duties
Canons applied
Plain meaning
no legislative history

Standards of review

  • Evidence sufficiency for finding of shortage — substantial evidence Court examined whether any evidence supported board's finding, relying on statutory provisions

Timeline

4
Events
339
Days, incident to ruling
—
Span
procedural eventcited in opinion

Importation of cigars by Park & Tilford; examination by assistant appraiser found 1,100 cigars short in case No. 3,991

Outcome: Deficiency reported

Triggered dispute over customs duties

Evidence for shortage
Park & Tilford · Assistant appraiser Port of New York not applicable
procedural eventcited in opinion

Collector refused allowance for deficiency, citing Treasury Regulations; importers protested under Rev. St. § 2921

Outcome: Duty assessed on full amount

Led to appeal to board of general appraisers

Allowance for deficiency
Collector · Importers Port of New York trial court
rulingcited in opinion

Board of general appraisers found shortage and lessened duties, reversing collector's decision

Outcome: Reliquidation ordered

Decision appealed by government

Evidence for shortage
Board of general appraisers Not specified trial court
appeal eventcited in opinion

Circuit Court affirmed decision of board of general appraisers

Outcome: Affirmed

Final disposition on appeal

Evidence for shortage
WHEELER, District Judge Circuit Court, S.D. New York appellate court

Facts & evidence

Incident

Location
Port of New York

Key facts

5 facts
  1. Park & Tilford imported 8 cases of 31,000 cigars
  2. Assistant appraiser examined goods and found case No. 3,991 had 1,100 cigars short
  3. Collector refused allowance for deficiency, citing lack of proof under Treasury Regulations
  4. Importers protested, claiming allowance under Rev. St. § 2921
  5. Board of general appraisers found shortage and lessened duties accordingly

Disputed questions

  • Whether sufficient evidence existed to support finding of shortage in cigars

Procedural history

4 steps
  1. Collector assessed duty on full invoice amount
  2. Importers protested
  3. Board of general appraisers reversed collector and ordered reliquidation
  4. Government appealed board's decision

Evidence in the record

Testimonial
  • Report by examiner and appraiser as government officials
Documentary
  • Vessel’s manifest
  • Bill of lading
  • Invoice
  • Entry documents
  • Assistant appraiser's return on invoice noting shortage
Challenged
  • Evidence type: Assistant appraiser's report of deficiency · Challenge basis: Whether sufficient evidence to support finding of shortage · Trial court ruling: admitted · Reasoning: Statutory evidence under Rev. St. § 2921 · Challenged on appeal: true · Appellate outcome: affirmed

Objects of relevance

8 cases of cigarsCase No. 3,991 with 1,100 cigars short

Authorities

Cited authorities (3)

Merwin v. Magone, 17 C. C. A. 361, 70 Fed. 776
distinguisheddistinguished
Cited by appellant to show no evidence supported finding, but distinguished as involving opposite finding
Rev. St. § 2921
appliedquotedprecedent
Statute requiring allowance based on appraiser's report of deficiency
at Not specified on which an allowance is required to be made in estimating the duties
Robertson v. Bradbury, 132 U. S. 491, 500, 10 Sup. Ct. 158
followedprecedent
Cited to support statutory evidence principle

Statutes

  • Rev. St. § 2921
  • section 14 of the customs administrative act (26 Stat. 137)
  • Treasury Regulations of 1892, article 922

Standards & doctrines

  • Substantial evidence standard for reviewing board findings
  • Statutory evidence doctrine under Rev. St. § 2921

Legal principles applied

  • Government officials' reports are competent evidence for customs purposes
  • Custody presumption supports statutory evidence under Rev. St. § 2921
Index terms55
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Entities and documentation
Legal actions
Action type
affirmed
Target
Decision of board of general appraisers
Appealed from
Board of general appraisers
Context
Court affirmed the board's decision that found shortage in cigars and lessened duties, holding appraiser's report was sufficient evidence
Scope
full
Disposition vote
unanimous
Physical materials
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Wheeler
Courts
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Statutes cited