B-125549, JUL. 16, 1956
Highlights
TO THE RIVER PLATE CORPORATION: REFERENCE IS MADE TO YOUR TWO LETTERS DATED JUNE 26. WHICH WAS THE SUBJECT OF OUR DECISION OF JANUARY 4. IN THE FINAL PARAGRAPH OF THAT DECISION YOU WERE INFORMED THAT THE REFUND CLAIM WAS ONE FOR CONSIDERATION BY THE BUREAU OF CUSTOMS. WHICH IS DIRECTED BY LAW TO HANDLE SUCH MATTERS. YOU WERE ADVISED AGAIN OF THE JURISDICTION OF THE BUREAU OF CUSTOMS AND AFTER QUOTING THE PROVISIONS OF THE ACT OF APRIL 10. NO CHANGE IN THAT CONCLUSION IS WARRANTED. WE HAVE BEEN INFORMALLY ADVISED THAT YOUR PROTEST FILED DURING JULY 1955. IS STILL PENDING IN THE UNITED STATES CUSTOMS COURT UNDER CASE NO. 262685-K/17058-NEW YORK).
B-125549, JUL. 16, 1956
TO THE RIVER PLATE CORPORATION:
REFERENCE IS MADE TO YOUR TWO LETTERS DATED JUNE 26, 1956, WITH ENCLOSURES, REQUESTING RECONSIDERATION OF OUR DECISION DATED MAY 22, 1956, ADVISING YOU AS TO THE REASONS WHY WE MAY NOT GIVE FURTHER CONSIDERATION TO YOUR CLAIM FOR REFUND OF CERTAIN CUSTOMS DUTIES PAID ON A QUANTITY OF QUEBRACHO EXTRACT IMPORTED FOR USE UNDER A GOVERNMENT CONTRACT.
YOU ACKNOWLEDGE UNDERSTANDING OF THE LACK OF JURISDICTION BY OUR OFFICE AS ANNOUNCED IN THE DECISION BUT INDICATE THAT THE RECEIPT OF SIMILAR RESPONSES TO CLAIMS FILED WITH OTHER GOVERNMENT AGENCIES PROMPTS YOUR REQUESTING FURTHER CONSIDERATION FOR RELIEF IN THE MATTER ON THE BASIS OF ,HARDSHIP.'
THE RECORD DISCLOSES THAT YOU ORIGINALLY MADE REFERENCE TO THE REFUND CLAIM IN CONNECTION WITH ANOTHER CLAIM, NOT HERE INVOLVED, WHICH WAS THE SUBJECT OF OUR DECISION OF JANUARY 4, 1956, TO YOU. IN THE FINAL PARAGRAPH OF THAT DECISION YOU WERE INFORMED THAT THE REFUND CLAIM WAS ONE FOR CONSIDERATION BY THE BUREAU OF CUSTOMS, TREASURY, DEPARTMENT, WHICH IS DIRECTED BY LAW TO HANDLE SUCH MATTERS. THEREAFTER, YOU RESUBMITTED THE CLAIM HERE POINTING OUT THE ACTION THEN TAKEN BY THE BUREAU OF CUSTOMS. IN ADDITION, YOU REQUESTED CONSIDERATION OF THE CLAIM UNDER THE PROVISIONS OF THE ACT OF APRIL 10, 1928, 45 STAT. 413. IN THE DECISION OF MAY 22, 1956, YOU WERE ADVISED AGAIN OF THE JURISDICTION OF THE BUREAU OF CUSTOMS AND AFTER QUOTING THE PROVISIONS OF THE ACT OF APRIL 10, 1928, WE EXPLAINED WHY WE COULD NOT REPORT YOUR CLAIM TO THE CONGRESS UNDER THAT ACT. NO CHANGE IN THAT CONCLUSION IS WARRANTED.
AS STATED IN OUR DECISION OF MAY 22, 1956, WE HAVE BEEN INFORMALLY ADVISED THAT YOUR PROTEST FILED DURING JULY 1955, WITH THE BUREAU OF CUSTOMS, IS STILL PENDING IN THE UNITED STATES CUSTOMS COURT UNDER CASE NO. 262685-K/17058-NEW YORK). UNLESS YOU HAVE BEEN INFORMED OTHERWISE, IT APPEARS THAT THE MATTER IS STILL PENDING AND IT IS SUGGESTED THAT YOU INQUIRE AS TO THE CURRENT STATUS OF THE MATTER EITHER OF THE UNITED STATES CUSTOMS COURT AT NEW YORK CITY OR THE BUREAU OF CUSTOMS, TREASURY DEPARTMENT, WASHINGTON 25, D.C. ..END :