New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-01-20
LIMOGES PRICES BASIS
MAITLAND CASE DECIDED.
Right of Importer to Take Reap
proisement Appeal to Court Upheld.

Deciding that the customs duties TO be paid on
shipments Of china by Haviland & Co, importers
Of this city, should be assessed according to the
price prevailing at Limoges. France the place of
roanufacture Judge Martin in . decision fled yes
terday in the United States Circuit Court put an
END 70 litigation which attracted attention among
importers and became a subject last summer OF
international Importance through the representa-
tons of the French government in the interest OF
the chinaware manufacturers.
Tho decision quotes with approval the construo-
ton section 70 of the customs administration act
in the German reciprocity agreement and uPholos
the right Of the importer to carry reanpralsement
ca Sc into the court the ground that there was
no evidence before the reappratsment board TO sus-
its finding imposing an advance or 1872 per cent
above the entered value Of the goods.
Judge Martin finds that advances in prices made
by the appraisers against chnaware were unWaT-
ranted. there being no evidence OF fraud dish7n-
estv or even unfairness on the part Of the i'm
porter He also finds that Limoges. and not
pa ris is the principal wholesale market from which
china is imported from France to the United
States, export prices are the criterion OF value
He also holds that spite OF the express language
q the customs administrative act the decision OF
the board OF appraisers upon questions Of market
value not final.
Judge Martin in his decision Gays:
At the time of the importations in question there
were three houses known Havlland < Co-one
at Limoges, France. which manu- actured emma
another at New York, "A wholesale house which
supplied the trade in the United states and Gan
ada. and third in Paris. France d seDiHs mouse nous,
for European trade. Each house Is Partnership
and the head Of each firm is CAaies LaMdIu nay l.
land The main business or the limoges mouse Is
the supplying of china TO the New York house
In 1e05 there was an especial effort to establish
the foreign market value of these goods: 4heLe
fhat was confirmed by the board of general ap
praisers 1t then understood that those prices
were the fair foreign market value, but there Wa>
dIseTminaon OF d5eI per Words their Value was in
u
Sn Effort was made in 1906 on the Pet of Havi
,Ad q co of New york to be relieved of this /
81 cent discrimination, but they did not succeed
~ the government to advance the price. but In the
latter part OF thSt year the nIoIred al the same
prices heretofore, were a9VahG t anu seiSed
cssk containing Their inp0 araInaton and foI
several months none was alI9Wea 10 pass 'i'iONe
The evidence fairly shows that practically al thf
ooods manufactured by HaNllanu 60. ~
kT"rsn 'i trase were bought by the New YoIs
Hn5sa at Limoges and from Limoges exported u
me nii sims Gy the government that the decision
OF Board No is nnal. B ,9e wrong principle
:, The Interpretation of written 90 .baes I'M
result of which would woFT 5 6an duty OF Board
No to correct Sst t. hoard ard in IS do doing
The decision OF Board NO. 3 Is ann li'''
ra,et+ of Masters & Levett, No "a state
streat who with Henry F. Wolf. OF Mason "O'i,
& Iaget represented HaviIanG X w. S''"
the opinion, said: it,, +, sc
The Importance of the courts decision IN i's ~
hsar,nss on the question Of the market value oI
foreign goods can hardly be exaggerated - w
Arst case decided by any court which upIio'u' lI
right OF the importer to carry a reapilai -
case into the courts on the ground that there was
no evidence before the reappraisement Doaru u
sustain its finding. ~
THE decision, coming at time when the uolI'es
ito notters have been DINING the of the ways
49,, Means Committee at Washington with stories
% aurfuI undervaluations OF French china shoa ma
go far toward demonstrating TO the committee '
litter lack OF basis for these Charges