Didia

Didia v. United States

Good Law
106 F.2d 918·1939 U.S. App. LEXIS 3105
United States Court of Appeals for the Ninth CircuitOctober 26, 1939No. 9106California1,022 words

Opinion

Lead Opinion

Haney, J.

From conviction on four counts of an indictment charging appellant with the removal of labels containing the words “Made in Japan”, on merchandise imported from Japan, appellant has brought this appeal.

19 U.S.C.A. § 1304 (a) provides in part: “Every article imported into the United States * * * shall be marked * * * in legible English words, in a conspicuous place, in such manner as ■ to indicate "the country of origin of such article, in accordance with such regulations as the Secretary of the Treasury may prescribe. * * ”

Subdivision (d) provides a penalty if “any person shall, with intent to conceal *919 the information given thereby * * * destroy, remove * * * any * * * label required under the provisions of this chapter * *

The indictment contained four counts, each of which charged removal of labels from merchandise specified in each count. Appellant contends that the evidence is insufficient to show: (1) that the merchandise ever bore labels containing the words “Made in Japan”; and (2) that such labels complied with the regulations of the Secretary of the Treasury.

The record discloses that the merchandise in question was imported into the United States from Japan.…

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