The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-01-06
JAP ANESE LOSE
THEIR CASE
JUDGE ESTEE DECIDES CUSTOMS
QUESTION INVOLVING OVER
TWO HUNDRED PROTESTS.

United States Judge Estee this morn
ing rendered decision in the appeal
of II. Hamano from a decision of the
Board of General Appraisers at New
York, the board having sustained Col
lector Stackable against a protest made
by Hamano involving the classification
of some shoes imported from Japan.
The case has been in the court for two
years and has been to New York twice
but one of the main issues remains I'M
decided because the appellant did not
state it in his original protest and the
court refuses to take 1t up. over 200
other protests similar to that of Hama
no have been filed and the case was
watched with greatest interest by i'm
porters of oriental goods.
Hamano's' Importation was made on
December 81, 1900 being a quantity of
shoes, with iron heels and made mostly
of what appeared to be rawhide or very
crude leather. Collector Stackable
classified them as manufactures Of
leather" dutiable at 80 per cent. Ha-
mano protested and claimed that the
classification should be as boots and
shoes made of leather" at Is per cent.
The Board of General Appraisers at
New York raised Stackahle's assess
ment to 40 per cent declaring that the
so-called leather was rawhide and that
not specially provided for and consist
ing wholly or in part of iron or other
metal. The decision of the Honolulu
collector in the case was affirmed, how
ever, though his classification was dis
approved.
Hamano took the matter before Judge
Estee on appeal and the evidence taken
at New York was sent for twice. In
Judge Estee's court it was claimed that
the articles should have been classed
under the similitude clause of the tariff
| act which provides for articles may be
! classed on a basis of similtude to
| others named in the act in use, quality
/ and material, and that under this
clause the shoes were leather shoes
! Judge Estee says, 1T is not possible
/ for this court to consider now, on APP
peal, any ground of protest unless made
to the collector at the time the classifi-
cation was made, and the question OF
! the similitude of these articles was
not so made"
Judge Estee agrees that the 80 pei
cent classification was too low: "Ir
! this case the component part of chief
value is not leather but raw hide
which is nowhere provided for in the
act, and as there is no other component
part of chief value, the classification OF
the Board of General Appraisers as
articles or wares not specially provid-
! ed for composed wholly or in part Of
iron would seem to be the correct one
4 AS far as the facts are concerned Judge
Estee says that there is no evidence
I before the court other than that of the
New York board, the appellant having
failed to appear before that board
which sent on an analysis declaring the
material claimed to be leather to bt
raw hide, and the action of the boart
is confirmed for the following, among
other reasons:
2. First, that the similitude statute
does not apply in this case
Second. that the importer did no
appear before the General Appraiser
at the trial"
The decision means a considerable
| sum to Hamano and concerns all Japa
nese importers here. In view of tbs
judges ruling as to the new poin
brought forward too late, another ap'
peal may be taken on that point.
The suit directly affected local i'm
porters. The majority of the japanese
residents of Hawaii wear their nationa
costume so THE demand for the partic'
ular style of shoe was great. On tbs
Mainland very few if any of these
shoes are imported so practically all O
the protests were from local japanese
merchants and Importers.
1 Collector StacRable and the Custom!
officials are feeling well pleased owe
the outcome of the Hamano suit before
Judge Estee in which the protest wa!
denied and the importers forced to pa!
the duty demanded by the local APP
praisers.