Apple Computer, Inc. v. United States

14 Ct. Int'l Trade 77
CourtUnited States Court of International Trade
DecidedFebruary 13, 1990
DocketConsolidated Court No. 86-01-00125
StatusPublished

This text of 14 Ct. Int'l Trade 77 (Apple Computer, Inc. v. United States) is published on Counsel Stack Legal Research, covering United States Court of International Trade primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Apple Computer, Inc. v. United States, 14 Ct. Int'l Trade 77 (cit 1990).

Opinion

Re, Chief Judge:

The question presented in this case pertains to the proper classification, for customs duty purposes, of certain merchandise imported from Japan and described on the Customs invoices as “x-y plotters” and “plotter pen kits.”

The plotters entered at the port of Oakland, California, in 1983 and 1984, and were classified by the Customs Service as “ [djrafting * * * ma[78]*78chines,” under item 710.80 of the Tariff Schedules of the United States (TSUS), with duty assessed at the rate provided for at the time of entry. The plotter pens entered at the port of San Francisco, California, in 1983 and 1984, and were classified by the Customs Service as “[mjarking pens having a wick-like tip of felt or other material,” under item 760.15, TSUS, with duty assessed at the rate provided for at the time of entry.

Plaintiff protests these classifications, and contends that the plotters are properly classifiable as “[o]ffice machines not specially provided for,” under item 676.30, TSUS, with duty at the rate provided for at the time of entry. Plaintiff also contends that the plotter pens are properly classifiable as “ [p] arts of automatic data-processing machines and units thereof,” under item 676.52 TSUS, with duty at the rate provided for at the time of entry. Alternatively, plaintiff contends that if the court determines that the plotters were properly classified by the Customs Service as “[d] rafting * * * machines,” under item 710.80, TSUS, then the plotter pens are properly classifiable as parts of drafting machines, under item 710.80, TSUS.

The pertinent statutory provisions of the Tariff Schedules are as follows:

Plotters Classified Under:
Schedule 7, Part 2, Subpart C:
Drafting machines, compasses, dividers, ruling pens, lettering pens (including fountain-pen type) used by draftsmen, pantographs, drawing curves, rulers, scribers, straight edges, disc calculators, slide rules, and other instruments, all the foregoing which are drawing, marking-out or mathematical calculating instruments; hand styluses; micrometers, calipers, gauges, balancing machines, and non-optical measuring or checking instruments, apparatus, and machines not specially provided for; and parts of the foregoing articles:
H< H* H< H* # H*
Other:
710.80 Drafting and drawing machines, instruments, and apparatus, and parts thereof.6.2% ad val. (1983)
5.9% ad. val. (1984)
Plotters Claimed Under:
Schedule 6, Part 4, Subpart G:
676.30 Office machines not specially provided for.4.4% ad val. (1983)
4.2% ad. val. (1984)
[79]*79 Plotter Pens Classified Under:
Schedule 7, Part 10:
760.15 Marking pens having a wick-like tip of felt or other material .14.0% ad val. (1983)
12.5% ad val. (1984)
Plotter Pens Claimed Under:
Schedule 6, Part 4, Subpart G:
Parts of the foregoing:
‡ ‡ ‡ ‡ ‡ ‡ ‡
Other:
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676.52 Parts of automatic data-processing machines and units thereof.4.7% ad val. (1983)
4.5% ad. val. (1984)
Plotter Pens Alternatively Claimed Under:
Schedule 7, Part 2, Subpart C:
Drafting machines, compasses, dividers, ruling pens, lettering pens (including fountain-pen type) used by draftsmen, pantographs, drawing curves, rulers, scribers, straight edges, disc calculators, slide rules, and other instruments, all the foregoing which are drawing, marking-out or mathematical calculating instruments; hand styluses; micrometers, calipers, gauges, balancing machines, and non-optical measuring or checking instruments, apparatus, and machines not specially provide for; and parts of the foregoing articles:
^ ij: ‡ ‡ ‡ ‡ ‡
Other:
710.80 Drafting and drawing machines, instruments, and apparatus, and parts thereof.6.2% ad val. (1983)
5.9% ad val. (1984)

Two questions are presented: first, whether the imported plotters have been properly classified by Customs as “[d]rafting* * * machines,” under item 710.80, TSUS, or whether they are properly classifiable as “[ojffice machines not specially provided for,” under item 676.30, TSUS, as claimed by plaintiff; second, whether the imported plotter pens have been properly classified by Customs as “[mjarking pens having a wick-like tip of felt or other material,” under item 760.15, TSUS, or whether they are properly classifiable as “[p]arts of automatic data-processing machines and units thereof,” under item 676.52, TSUS, as claimed by plaintiff.

Alternatively, if the court determines that the plotters have been properly classified as “[d]rafting * * * machines,” under item 710.80, [80]*80TSUS, the question presented is whether the plotter pens are properly classifiable as parts of drafting machines, under item 710.80, TSUS, as maintained by plaintiff.

In order to decide these questions, the court must consider “whether the government’s classification is correct, both independently and in comparison with the importer’s alternative.” Jarvis Clark Co. v. United States, 733 F.2d 873, 878, reh’g denied, 739 F.2d 628 (Fed. Cir. 1984). Pursuant to 28 U.S.C. § 2639(a)(1) (1982), the government’s classification is presumed to be correct, and the burden of proof is upon the party challenging the classification.

After an examination of the merchandise, the pertinent tariff items, relevant case law and the testimony of record, it is the determination of the court that, as to the x-y plotters, plaintiff has overcome the presumption of correctness that attaches to the classification by Customs. Since the plotters are properly classifiable as “[ojffice machines not specially provided for,” under item 676.30, TSUS, plaintiffs protest is sustained.

As to the plotter pens, it is the determination of the court that plaintiff has not overcome the presumption of correctness that attaches to the classification by Customs, and that the plotter pens were properly classified by Customs as “[m]arking pens having a wick-like tip of felt or other material,” under item 760.15, TSUS.

The Plotters

At trial, in support of its contentions, plaintiff presented the testimony of Mr. Phillip C. Williams, the manager of plaintiffs Developer Technical Support Group. Mr.

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14 Ct. Int'l Trade 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/apple-computer-inc-v-united-states-cit-1990.