American Bristle & Hair Drawing Co. v. United States

65 Cust. Ct. 147, 1970 Cust. Ct. LEXIS 3067
CourtUnited States Customs Court
DecidedAugust 28, 1970
DocketC.D. 4070
StatusPublished
Cited by1 cases

This text of 65 Cust. Ct. 147 (American Bristle & Hair Drawing Co. v. United States) is published on Counsel Stack Legal Research, covering United States Customs Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Bristle & Hair Drawing Co. v. United States, 65 Cust. Ct. 147, 1970 Cust. Ct. LEXIS 3067 (cusc 1970).

Opinion

JRoseNSteiN, Judge:

The subject merchandise, exported from Holland in 1965 and invoiced as “brown processed hoghair,” was assessed at one cent per pound as “Bristles, crude, or processed in any way for use in brushes or other articles” under TSUS item 186.30. Plaintiffs contend that the shipment consists of hog hair and, as such, is entitled to entry free of duty under TSUS item 186.55 which, in conjunction with its superior heading, provides for “Hair, and fur removed from the skin, not specially provided for * * * Other: Crude, sorted, treated, or both sorted and treated, but not otherwise processed”.

Plaintiffs do not rely upon commercial designation but assert that the common meaning and the trade understanding of the term “bristles” excluded the subject merchandise from the provisions of item 186.30. ^

At the trial, three witnesses appeared for plaintiffs and one for defendant ; three exhibits were received in evidence. Exhibit 1 is an illustrative sample of the imported merchandise; exhibit 2 is a sample of hog bristles three and one quarter inches long; and exhibit A is a sample of two inch tapered Yugoslavian hog bristles.

The first witness, Bernard Smolin, president of the importer, American Bristle & Hair Drawing Company, testified that he has been purchasing different types of animal hair for his company since 1937 but discontinued handling bristles in 1950. He buys merchandise such as exhibit 1 as “hog hair” and sells it under that name to the curled bair industry which curls the material for use in upholstered furniture, padding, and similar articles. He has never sold “bristles” to that industry. The witness stated that exhibit 1 is softer and shorter than exhibit 2 and, unlike the latter, does not come from the neck or spine [149]*149of the hog. Hog hair varies in price in the United States from six to twelve or fifteen cents per pound, whereas hog bristle varies from nearly one to twenty dollars per pound. The bristle is used in the manufacture of brushes.

Hog hair varies in texture, depending upon the age of the hog, the time of year it was killed, and the country of origin. Hog bristle is stiff, coarse hair which is two inches or more in length.

“Flagging” is a term used to decribe the end of the bristle which splits into two or more filaments. The other end is called the “butt” end. Flagging is an important characteristic of a bristle because it holds the paint better.

Hans Jacob Meyer, president of H. Meyer & Company, importers of wool and hair, testified that he imports bristles such as exhibit 2 for sale to brush and broom manufacturers. However, this constitutes only five per cent of his business: he is “not a bristle man” and has done very little bristle selling. He sells hair such as exhibit 1, which is too soft and short for use in the brush industry, to the curled hair manufacturers as hog hair. Hog hair comes from the body of the hog, is produced all year round and ranges from one quarter to one half inch to two inches in length.

Bristles come from the spine of the hog, are produced only in winter, range from two inches up to sixteen or seventeen inches, and are never sold to the curled hair trade. The witness doubted that anyone in the United States sorts and bunches raw bristles. There is a loss of between 60 and 70 percent in the preparation of raw bristles which consist of “pieces of hide, waste — toes, short material which is v/ruder two inch— under two and a half inch, and is not worthwhile to be dressed.” [Emphasis supplied.] Exhibit 2, he stated, is crude bristle “unassorted, unwashed, uncleaned, undressed.”

Plaintiffs’ third witness, Bichard E. Siegel, vice president of F. P. Woll & Company, manufacturers of curled animal hairs, testified that he buys products like exhibit 1 as “hog hair” and has never purchased “bristles” as they are too expensive. His firm purchases the crude hog hair directly from slaughter houses, boils it to remove skin, dirt and bones, and dries it into a shape such as the hairs in exhibit 1.

Defendant’s witness, David Zeitlin, president of Samuel Zeitlin & Sons, Incorporated, importers and processors of bristles and horsehair, testified that he deals in “dressed” bristles such as exhibit 2, and that there is no bristle dressing industry in the United States. Most of his imported dressed bristles are sold to the brush trade; the remainder is blended with other materials for use in brushes.

The dressing of raw bristles consists of sizing, sorting and cleaning; “* * * the object is to get all the longer sizes out and dress as much of [150]*150this bristle as they can get out of it before it becomes left with nothing but waste.” He has bought Indian bristles as short as an inch and a half in length. The witness described exhibit A as a “two inch taper” consisting of bristles ranging from two inches “down to maybe half-inch in there, or an inch * * *.” It is the “residue of all the short sizes out of a dressing process” and is used only for brushes. The witness does not deal with merchandise such as exhibit 1 which is “raw material”. He defined raw bristle as — •

* * * bristle that’s going to be sized, cleaned, and straightened, and so forth, for drawing the various sizes for dressing; and then selling, as a bristle, mostly to the paint trade, or whatever it is— paint brush trade.

Only hogs, to his knowledge, produce bristles. The older ones have long bristles on the spines and sides. Most bristles are used for brushes. Some cheap hair brushes have bristles under two inches! Hog bristles, he stated, have a flag and a butt end. Exhibit 1 has the same stiffness as exhibit A. When asked if exhibit 1 is hog hair or bristle, he responded, “I say that it has a root, and it has a flag, and it comes from a hog.” However, he always refers to such merchandise as “hog hair”, as “that is the terminology in our trade”; he refers to material such as exhibits 1 and A as “bristle”. Although the fibers of exhibits 2 and A are straight, he stated that originally they were in the shape of exhibit A, “all twisted”. He could get exhibit 1 in the form of exhibit A, but it would not be economically or commercially feasible.

He agreed with the American College Dictionary definition of bristle as “one of the short, stiff, coarse hairs of certain animals, especially hogs, used extensively in making brushes,” and agreed with the term “short” “if they mean six inches to two inches, * * *.”

Our examination of the samples reveals that the bristles comprising exhibits 2 and A are fairly stiff and coarse. They are imported in firmly packed bundles with the butt ends arranged at one end. They range in length in exhibit A from approximately one and one quarter to a little over two inches, with the majority between one and one half and one and three quarter inches. The bristles in exhibit 2 are over three inches long.

The fibers comprising exhibit 1, which are not sorted or bundled, but loosely packed, range from approximately one half to over two inches in length; the majority appear to be approximately one and one quarter inches long. They are slightly curled and almost all have flag ends. The longer ones appear to be as coarse and stiff as those in exhibits 2 and A, the others less so.

In the absence of commercial designation or manifest contrary legislative intent, tariff terms are to be accorded their common meaning. [151]*151United States v. C. J. Tower & Sons, 44 CCPA 1, C.A.D.

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Related

American Bristle & Hair Drawing Co. v. United States
458 F.2d 524 (Customs and Patent Appeals, 1972)

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Bluebook (online)
65 Cust. Ct. 147, 1970 Cust. Ct. LEXIS 3067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-bristle-hair-drawing-co-v-united-states-cusc-1970.