Stone v. Whitridge, White & Co.

Citations

• 129 F. 33
• 64 C.C.A. 47
• 1904 U.S. App. LEXIS 4008

Syllabus

<p>1. Customs Duties — Foreign Coins — Fluctuation in Value.</p> <p>. Section 25, Tariff Act Aug. 28, 1894, c. 349, 28 Stat. 552, prescribes that the value of foreign coins shall be estimated in money of the United States on the basis of the pure metal found therein, as estimated by the director of the mint and proclaimed by the Secretary of the Treasury, subject to the proviso “that the Secretary of the Treasury may order the liquidation of any entry at a different value whenever satisfactory evidence shall be produced to him showing that the value in United States currency of the foreign money specified in the invoice was at the date of certification at least ten per centum more or less than the value proclaimed during the quarter in which the consular certification occurred.” Held, that the fluctuation to which this proviso has reference is that of the metallic value, and not of the exchange or commercial value.</p> <p>2. Same — Liquidation by Order oe Secretary oe the Treasury — Review-Jurisdiction of Board of General Appraisers.</p> <p>Where, assuming to act under section 25, Tariff Act Aug. 28, 1894, c. 349, 28 Stat. 552, , authorizing the Secretary of the Treasury to order the reliquidation of any entry on the basis of a value different from that estimated by the director of the mint when satisfied that there has been a fluctuation of at least 10 per cent, from the proclaimed value of the currency specified in the invoice, the secretary directs a collector of customs to reliquidate on the basis of the exchange ‘or commercial value of a certain foreign coin, and not of the metallic value, held, that he goes beyond his authority, and that the action of the collector pursuant to such direction may be reviewed by the Board of General Appraisers and the courts, under- sections 14 and 15, Customs Administrative Act June 10, 1890, c. 407, 26 Stat. 137, 138 [U. S. Comp. St. 1901, p. 1933].</p> <p>3. Same — Board of General Appraisers — Relations with Treasury Departm