Ameliotex, Inc. v. United States

565 F.2d 674, 65 C.C.P.A. 22, 1977 CCPA LEXIS 105
CourtCourt of Customs and Patent Appeals
DecidedNovember 10, 1977
DocketNo. 77-10
StatusPublished
Cited by27 cases

This text of 565 F.2d 674 (Ameliotex, Inc. v. United States) is published on Counsel Stack Legal Research, covering Court of Customs and Patent Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ameliotex, Inc. v. United States, 565 F.2d 674, 65 C.C.P.A. 22, 1977 CCPA LEXIS 105 (ccpa 1977).

Opinion

Millek, Judge.

This appeal is from the judgment of the United States Customs Court, 77 Cust. Ct. 72, C.D. 4673, 426 F. Supp. 556 (1976), holding that certain elastomeric fibers known as “Sarlane” were properly classified as monofilaments under items 309.03 or 309.06, Tariff Schedules of the United States (TSUS), as modified by T.D. 68-9, depending on the denier of the fiber, rather than grouped filaments under item 309.31, as claimed by appellant. We affirm.

Background,

Schedule 3, Part 1, TSUS, covers, among other things, textile fibers. Subpart E provides in pertinent part:

Subpart E Headnotes:
3. For the purposes of this subpart—
(b) the term “monofilaments” embraces single filaments (including single filaments of laminated construction or produced from two or more filaments fused, or bonded together), whether solid or hollow, whether flat, oval, round, or of any other cross-sectional configuration, which are not over 0.06 inch in maximum cross-sectional dimension;
(e) the term “grouped filaments and strips” embraces two or more filaments or strips, as defined in (a), (b), (c), and (d) of this headnote, grouped together with the filaments or strips substantially parallel and not twisted, but the term does not include grouped filaments which have been subjected to processes such as twisting and untwisting, false twisting, crimping, and curling, and which are useable as yams; ' • • ■ '
[24]*24Monofilaments (in continuous form), with or without twist, whether known as monofils, artificial horsehair, artificial straw, yarns or by any other name:
Not over 150 denier:
309.03 Valued over 80 cents per pound Over 150 denier: 35% ad val.
309.06 Valued over 85 cents per pound- 24% ad val.
Grouped filaments and strips (in continuous form), whether known as tow, yarns, or by any other name:
Wholly of grouped filaments (except laminated filaments and plexi-form filaments):
Other:
309.31 Valued over 80 cents per pound- 14%% ad val.

Sarlane, the trade name for appellant’s product, is a spandex 1 fiber used in foundation garments, waistbands, sportswear, and sport hosiery. It is produced by extrusion of a polymeric product through a spinerette followed by passing the individual filaments through an extraction bath to remove solvent. The filaments are then gathered into bundles of eighteen and passed through a dryer maintained at 190° to 195° O. A slight tension is maintained on the filaments throughout the drying process. The bundle is then lubricated, wound, inspected, and shipped to customers. The finished product maintains its integrity as a coherent bundle and resists splaying. At trial, the parties concentrated on the drying step, with the Government contending that at this elevated temperature, albeit below the melting point of the polymer (about 240° to 245° C), fusing or bonding of the individual filaments to each other occurred; whereas, appellant argued that the filaments merely cohered at certain points along the length of the finished product. Both parties presented testimony of expert witnesses as well as photomicrographs of the product.

Proceedings Below

The Customs Court observed that the statutory definition of “monofilaments” in headnote 3(b) is not limited to single filaments, [25]*25but also includes “single filaments * * * produced from two or more filaments fused or bonded together,” and concluded that, if fusing or bonding bad occurred, the imported merchandise was correctly classified and the protest had to be denied. After reviewing the testimony of both paities, the court accepted that of the Government’s witness, Dr. Couper, who stated that at the points of contact the filaments were “coalesced, which is to become unitary,” and that “bonding, very clearly, is used in this sense and fusion is used loosely in this seuse. But bonding and coalesence [sic], especially, refer to this phenomenon.”

The court noted that appellant has the burden of proving by a preponderance of the evidence that the Government’s classification was incorrect; but that appellant’s witnesses could not deny the existence of the phenomena that caused Dr. Couper to conclude that the filaments had “coalesced” or “fused,” particularly their incapability of being separated without causing a “webbing” or “tearing.” Accordingly, the court concluded that individual filaments in Sarlane “have been fused or bonded together in the process of its production” and denied the protest.

The “Single” Filament Issue

Appellant initially urges that the Customs Court bypassed the threshold issue of whether Sarlane is a single filament. It contends that in order to be properly classifiable as a “monofilament,” the individual filaments in Sarlane would have to be fused or bonded together into a single filament.2 However, such a restrictive interpretation of the headnote 3 definition of “monofilament” would render the “bonded” portion of the definition superfluous, since “bonded” filaments could not form a single, unitary filament. Fusing is a chemical joining to become unitary,3 as opposed to bonding, in which there is a joining but not a unification.4 Congress is presumed not to have used superfluous words in a statute. Platt v. Union Pacific Railroad, 99 U.S. 48, 58 (1878).

Such a restrictive interpretation would also be contrary to the commercially understood meaning of "monofflament"; whereas, the terms in tariff acts presumably carry the meaning given them in trade and commerce. Barnebey-Cheney Co. v. United States, 61 CCPA 10, [26]*26C.A.D. 1110, 487 F. 2d 553 (1973); Hummel Chemical Co. v. United States, 29 CCPA 178, C.A.D. 189 (1941). Moreover, the Tariff Classification Study, Schedule 3 at 515 (1960), clearly indicates that Congress was made aware that certain spandex filaments had been produced which, although oiiginating in pioduction as multiple filaments, were caused to so coalesce or adhere to each other that the finished pioduct was utilized by the textile industry as a monofilament.

Although, as pointed out by appellant; Congress was made aware of such functional monofilaments in a proposed amendment by the Man-Made Fiber Producers Association (MFPA) to the definition of “grouped filaments” to exclude such functional monofilaments from ' that item, and did not adopt the amendment, we are not persuaded that this evidenced Congressional intent to include filaments such as Sarlane under the “grouped filaments” item. While the MFPA proposal was not accepted, the definition of “monofilaments,” which theretofore had been restricted to single, unitary filaments,5 was amended to embrace “filaments fused, or bonded together,” as now provided. Also, we note the similarity of the language in the MFPA proposal6 (“coalesce” and “adhere”) to the headnote language of' “fused” (equated by appellant’s own witness with “coalesced”7) and “bonded” (synonymous with “adhere”8).

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Bluebook (online)
565 F.2d 674, 65 C.C.P.A. 22, 1977 CCPA LEXIS 105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ameliotex-inc-v-united-states-ccpa-1977.