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UNITED STATES v. YOSHIDA INTERN., INC.

Customs Appeal No. 75-6.

526 F.2d 560 (1975)

The UNITED STATES, Appellant, v. YOSHIDA INTERNATIONAL, INC., Appellee.

United States Court of Customs and Patent Appeals.

November 6, 1975.

Attorney(s) appearing for the Case

Andrew P. Vance, Chief, Customs Section, Civil Division, Department of Justice, New York City, for the United States.

E. Thomas Honey, Barnes, Richardson & Colburn, New York City, for Yoshida International, Inc.

MARKEY, Chief Judge.

This is an appeal from a judgment of the Customs Court, 73 Cust.Ct. 1, C.D. 4550, 378 F.Supp. 1155 (1974), granting Yoshida's motion for summary judgment, and declaring an import duty surcharge invalid. Presidential Proclamation 4074, because it imposed the surcharge, was held to have been beyond the President's delegated powers. The court stated that a delegation of sufficient breadth to encompass the proclamation...

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