
    Gimbel Bros., Inc. v. United States
    No. 7682.
    Invoice dated Toronto, Canada, October 17, 1947.
    Certified October 17, 1947.
    Entered at New York, N. Y., November 10, 1947.
    Entry No. 731067.
    (Decided March 9, 1949)
    
      Fred Bennett for the plaintiff.
    
      David N. Edelstein, Assistant Attorney General (Charles J. Miville, special attorney), for the defendant.
   Mollison, Judge:

This appeal for reappraisement has been subr mitted for decision upon the following stipulation of counsel for the parties hereto:

IT IS HEREBY STIPULATED AND AGREED, subject to the approval of the Court, that the issue in the appeal for reappraisement listed above is the same in all material respects as the issues decided in C. J. Tower & Sons v. United States, R. D. 7624, and that the record in said case may be incorporated herein.
IT IS FURTHER STIPULATED AND AGREED that the appraised values of the merchandise involved in the above-enumerated case, less the additions made by the importer on entry because of advances by the appraiser in similar cases, are equal to the price, at the time of exportation of such merchandise to the United States, at which such or similar merchandise is freely offered for sale to all purchasers in the principal markets of the country from which exported, in the usual wholesale quantities in the ordinary course of trade, for exportation to the United States, and that the foreign value of such or similar merchandise is no higher.
IT IS FURTHER STIPULATED AND AGREED that this case may be submitted on the foregoing stipulation.

On tbe agreed facts I find tbe export value, as tbat value is defined in section 402 (d) of tbe Tariff Act of 1930, to be tbe proper basis for tbe determination of tbe value of tbe merchandise here involved, and tbat sucb values are tbe appraised values, less tbe additions made by tbe importer on entry because of advances by tbe appraiser in similar cases.

Judgment will be rendered accordingly.  