United States Customs Court, 1938

Protests 796692-G of McKesson & Robbins, Inc.

Protests 796692-G of McKesson & Robbins, Inc.
United States Customs Court · Decided November 22, 1938 · Brown, McClelland
1 Cust. Ct. 497
Protests 796692-G of McKesson & Robbins, Inc.

Opinion of the Court

Opinion by

McClelland, P. J.

The protests were submitted on the record originally made. In the absence of further proof they were again overruled.

Dissenting Opinion

Brown, J.,

dissented, holding that the congressional purpose in passing section 504 was to prevent evasion of regular duty on articles imported in the guise of containers to be afterward resold. He held that the record showed that these soap bowls have an advertisement imbedded into them which precludes their subsequent use or sale as independent articles of commerce. United States v. Richards (66 Fed. 730) and United States v. Hohner (4 Ct. Cust. Appls. 122, T. D. 33393) cited.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.