John Bacall Imports, Ltd. v. United States of America, United States of America v. 42 Wooden Shipping Boxes of Textile Fabrics, Etc.

Two actions were begun in the district court; No. 23,037 by John Bacall Imports, Ltd. (hereafter Bacall Ltd.), the owner of certain merchandise, to obtain its return following a custom seizure and No. 22,038 by the United States to forfeit, pursuant to 19 U.S.C. § 1592 , the merchandise which had been seized. The actions were consolidated for trial and a joint judgment entered; in No. 23,037 declaring the merchandise to have been illegally seized and ordering it returned to the owner; and in No. 23,038 declaring the merchandise to have been illegally seized and denying relief to the United States by way of forfeiture. This consolidated appeal followed.

We decide two questions:

Following an investigation and the sampling of certain boxes of fabrics, part of Entries No. 66 and 67, and prior to the release of the merchandise from Customs, agents on November 4, 1966, went to the Bacall Ltd. warehouse and posted stickers on certain of the material therein that “United States Custom seals must not be removed, compartment or package opened, or goods removed except in the presence of a United States Customs Officer * * * ”

The Customs agents had previously been advised by John Bacall,…