Clayton Chemical & Packaging Co. v. United States, 383 U.S. 821 (1966)

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF CUSTOMS AND PATENT APPEALS

Syllabus

The Customs Court held that petitioner was entitled to reappraisal of the value of its imported product. The Court of Customs and Patent Appeals reversed the judgment for petitioner. It held that affidavits of petitioner’s customers, on the basis of which petitioner sought to obtain reappraisal, had been improperly admitted by the Customs Court, and that there was no substantial evidence to support petitioner’s claim, the affidavits being excluded from consideration. On petition for rehearing, petitioner asked the Court of Customs and Patent Appeals to remand the case to the Customs Court to enable petitioner to offer evidence to cure the deficiency created by exclusion of the affidavits. The petition for rehearing was denied.

Held: The Court of Customs and Patent Appeals erred in failing to remand for further proceedings.

Certiorari granted; 52 C.C.P.A.(Cust.) 111, 357 F. 2d 1009, reversed and remanded.