Jen Dao Chen v. United States

This was a proceeding brought by the United States in the court below for the purpose of procuring a forfeiture of certain objects alleged to have been imported into the United States by means of a false declaration in violation of 19 U.S.C. § 1592 . Forfeiture is also claimed on the ground that the objects, hereinafter described, were brought into the United States without procuring an import license as required by a Treasury regulation (CFR Title 31, § 500.204), promulgated by the Secretary of the Treasury and which related to the importing or otherwise dealing in merchandise originating in China.

The appellant here, claimant below, Jen Dao Chen, answered the Government’s libel; the case was tried to a jury which returned a verdict approving forfeiture of these objects. The objects in question are a painted silk scroll entitled “Pleasure In Fishing”, an antique dating from the Sung Dynasty, (A. D. 960-1127), and a bronze tortoise, also an antique. Chen is a resident of Hong Kong. He purchased the scroll in 1946 and he purchased the bronze tortoise in the United States in 1953, and had it shipped to Hong Kong. Chen undertook to arrange for delivery of these two objects to the…