MEMORANDUM OF DECISIONS No. 74-9 DISMISSED SEPTEMBER 18, 1973 Harlo Expediters, Inc. and Walker Pen Company, Inc. v. United DECEMBER 19, 1973 No. 74-10 United States v. F. W. Myers & Co., Inc. Household effects. No. 74-1 OTHER DISPOSITIONS OCTOBER 24, 1973 Reynolds Trading Corp. Et Al v. The United States. The motion of the United States to dismiss the appeal and quash the mandate to the United States Customs Court on the basis that no valid appeal had been filed because of failure of appellants to specify with sufficient particularity their names and the cases which were being appealed, is denied. We do not agree with the appellee's contention that 28 USC 2601 or Rule 15 of this Court require appealing party to provide the specific case number below in any and all circumstances. (Meyer & Lange et al v. United States 4 CT. Cust. App. 422, T.D. 33855 (1913) distinguished.) FEBRUARY 28, 1974 No. 71-99 Seneca Grape Juice Corp. v. The United States. On petitioner's motion to accept notice of appeal for filing nunc pro tunc where notice was received one day later than the sixty-day period provided by 28 USC 2601(a). Although notice of appeal was placed in the mail on Friday, January 25, 1974, it was not received in the clerk's office until Tuesday, January 29, 1974, one day after the statutory period. As said in effect by this court in Mincap of California, Inc. v. United States (1967) and as provided by Rule 25 (a) of the Federal Rules of Appellate Procedure, “filing" means received by the clerk within the time fixed for filing. Therefore, petitioner has no recourse except relief by way of general or special legislation of the Congress. The motion is denied. Order Per Curiam. 121 557-883-74- -11 INDEX-DIGEST CONTENTS ANALYSIS BY SECTIONS Page PART ONE. GENERAL CONSIDERATION OF TARIFF LAWS... 127 127 127 127 § 33. History of passage of act-Legislative history. IV. GOODS DUTIABLE OR EXEMPT-LOST OR DESTROY- § 53. American goods returned after exportation___ V. CLASSIFICATION OF IMPORTS UNDER GENERAL PROVISIONS HIGHEST APPLICABLE RATE (§§ 69–82) – § 69. In general_. § 70. Definitions.. § 74. Common or commercial designation--. § 75. Crude and manufactured articles distin guished___ § 81. Use---- 128 128 128 128 128 128 128 128 128 PART THREE. DUTIABLE IMPORTATIONS-EXEMPTIONS- VI. AGRICULTURE, HORTICULTURE AND PRODUCTS § 104. Vegetables in general... § 107. Prepared or preserved.. 128 128 128 128 PART THREE-Continued XI. CONTAINERS, COVERINGS, CASES AND SETS OF § 220. In general_ _ _ § 230. Paper boxes or cartons.. XII. EARTHI, MINERALS AND METALS, AND MANUFAC- D. MANUFACTURERS OF METAL GENERALLY XXIV. WOOD AND MANUFACTURES THEREOF (§§ 511–526).. XXVI. WASTE-JUNK-RAGS, ETC. (§§ 616-618g). § 618. In general-Definitions___ Page 128 128 128 129 129 129 129 129 129 129 LIQUIDATIONS—PROTEST-PAYMENT AND REFUND—SEI- XXXVII. APPRAISEMENT AND REAPPRAISEMENT-PROCE- § 701. Reappraisement... - XL. VALUATION-AMERICAN PRICE-EXPORT AND FOR- 743)___ CHARGES § 728. Export or foreign value___. PART SEVEN. CUSTOMS COURT-BOARD OF GENERAL AP- XLIV. JUDGES, JURISDICTION, REMEDIES, AND PROCE- § 767. Jurisdiction of powers_ - . § 771. Rules and procedure generally... § 772. Proceedings for review-Application.__ § 773. Time for proceedings---- 129 129 129 129 129 129 129 129 130 130 130 § 778. Dismissal and reinstatement of proceedings. 130 § 784. Review of law and fact_ 130 § 794. Remand for reliquidation, and proceedings 130 130 PART EIGHT. COURT OF CUSTOMS AND PATENT APPEALS— JURISDICTION-PROCEDURE... XLV. JUDGES, JURISDICTION, REMEDIES, AND APPELATE § 800. Appealable decisions and rulings___. FORMER DECISIONS-RES ADJUDICATA-STARE DECISIS. 131 XLVI. EVIDENCE GENERALLY (§§ 822-827). 131 § 823. Presumptions and burden of proof generally. XLIX. PARTICULAR SUBJECT MATTER OF EVIDENCE AND PRESUMPTIONS (§§ 852–875) 131 131 LI. RES ADJUDICATA AND STARE DECISIS. § 880. Nature and finality of decision and of former action... 131 131 131 |