United States v. Friedlaunder & Co. Inc.

27 C.C.P.A. 297 (1940)

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United States v. Friedlaunder & Co. Inc.

United States Court of Customs and Patent Appeals
27 C.C.P.A. 297 (1940)

Facts

Friedlaunder & Company, Inc. (Friedlaunder) (plaintiff) imported into the United States chinaware manufactured in Czechoslovakia, which was under the control of Germany by the time the products were shipped. The Customs Administrative Act of 1938 required that every imported product be marked to indicate its country of origin. The collector of customs of the Port of New York (customs) (defendant) refused to release the chinaware because the products were not marked as originating from Germany. Friedlaunder challenged customs’ decision, arguing that the chinaware was manufactured before Czechoslovakia came under German control. The United States Customs Court agreed with Friedlaunder, and customs appealed.

Rule of Law

Issue

Holding and Reasoning (Jackson, J.)

Dissent (Bland, J.)

Dissent (Garrett, J.)

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