Arman Importing Co. v. United States

40 Cust. Ct. 117
CourtUnited States Customs Court
DecidedFebruary 20, 1958
DocketC. D. 1970
StatusPublished
Cited by1 cases

This text of 40 Cust. Ct. 117 (Arman Importing 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
Arman Importing Co. v. United States, 40 Cust. Ct. 117 (cusc 1958).

Opinion

Oliver, Chief Judge:

The protests enumerated in schedule “A,” hereto attached and made a part hereof, all of which were consolidated for the purposes of trial, relate to rhinestone rondelles, that are [118]*118identified herein by the invoice items marked “A” with green ink and which were assessed with duty at the rate of 40 per centum ad valorem under the provision in paragraph 1527 (d), as modified by T. D. 52739, for “Stampings * * * of metal, whether or not set with glass or paste, finished or partly finished, separate or in strips or sheets, suitable for use in the manufacture of any articles provided for in paragraph 1527 (a), (b), or (c), Tariff Act of 1930 * * Paragraph 1527 (a), (b), and (c) of the Tariff Act of 1930 provides for the following articles:

(a) Jewelry, commonly or commercially so known, finished or unfinished (including parts thereof): * * *
(b) Rope, curb, cable, and fancy patterns of chain * * *.
(c) Articles valued above 20 cents per dozen pieces, designed to be worn on apparel or carried on or about or attached to the person, such as and including buckles, cardcases, chains, cigar cases, cigar cutters, cigar holders, cigar lighters, cigarette cases, cigarette holders, coin holders, collar, cuff, and dress buttons, combs, match boxes, mesh bags and purses, millinery, military and hair ornaments, pins, powder cases, stamp cases, vanity cases, watch bracelets, and like articles; all the foregoing and parts thereof, finished or unfinished: * * *

Plaintiffs claim that the merchandise is properly dutiable at the rate of 17% per centum ad valorem under the provision in paragraph 1503 of the Tariff Act of 1930, as modified by T. D. 51802, supplemented by T. D. 51898, for “Beads, including bugles, not specially provided for.”

Precisely the same issue, involving identical merchandise, was presented in Walco Bead Co., Inc., et al. v. United States, 36 Cust. Ct. 162, C. D. 1770, the record in which case was incorporated herein on motion by counsel for defendant and without objection from plaintiffs. In that case, we sustained the classification of the collector, in assessing these rhinestone rondelles for duty under the provision in paragraph 1527 (d), as modified, supra, for metal stampings, set with glass, suitable for use in the manufacture of articles provided for in paragraph 1527 (a), (b), or (c) of the Tariff Act of 1930, carrying a dutiable rate of 40 per centum ad valorem. No appeal was taken from that decision.

In the incorporated case, six witnesses appeared on behalf of plaintiffs and five were called by defendant. While our decision in the Walco Bead Co., Inc., case, supra, analyzed in much detail the testimony adduced therein by both parties, we deem it necessary, in like manner in this case as a basis for our decision herein, to outline at length the testimony offered in the incorporated record, as well as the additional testimony offered by plaintiffs in the present case. We proceed accordingly.

Plaintiffs’ first witness in the incorporated record was the sales manager of the Walco Bead Co., Inc., the importer of the merchandise. He identified samples of these rhinestone rondelles (collective exhibit 1 in protest 245333-K) and stated that he has bought and sold, and con[119]*119sistently referred to, such merchandise "for over 20 years” as rhinestone rondelles and that he has never referred to them as beads. Jewelry manufacturers, embroiderers, and trimming stores, to whom the witness sold rhinestone rondelles, such as those under consideration, use them in the manufacture of necklaces, earrings, bracelets, and for use as trim on dresses. The chief use of the merchandise is for costume jewelry, principally for bracelets. When they are used in bracelets, these rhinestone rondelles are never used by themselves, but always as separators between beads (defendant’s illustrative exhibit F in protest 245333-K). The witness stated that his understanding of the term “rondelle” was in accordance with the definition, read by counsel as taken from “Webster’s New International Dictionary, Second Edition, in the 1936 print, and also in the 1950 print.” (R. 11 in protest 245333-K), as follows:

A gem or bead cut in a thin disk pierced in the center, and, commonly, strung between larger stones or beads in a necklace.

On cross-examination, the witness defined a “rondelle” as a flat or semiflat disk, “slightly concave or slightly convex,” that has been perforated, suitable for stringing or threading, and made of either metal or wood. Referring to the practice of invoicing merchandise, the witness stated that the merchandise in question has always been invoiced as rhinestone rondelles, that it has never been ordered or invoiced as beads, and that the word “bead” has been used in the invoice description of some beads, such as chalk-colored beads, seed beads, and silver-lined beads. Along the same line, the witness further testified that “in selling different types of beads we usually put down the more or less trade article classification. As an example, I would say this: If we were to sell bugle beads we would not put on the invoice ‘bugle beads’; we would just mark it ‘bugles’.” (R. 36-37, protest 245333-K.) “And the same would hold good for a rhinestone rondelle, the invoice would just read ‘Rhinestone rondelle,’ but the rhinestone rondelle is also a form of a bead.” (R. 38, protest 245333-K.)

The five additional witnesses, called by plaintiffs in the incorporated record, were employees of importers of merchandise that included rhinestone rondelles like those under consideration. Their testimony, under a stipulation entered into-between counsel for the respective parties, was entirely cumulative of the testimony of the first witness, as hereinabove outlined. ,

Supplementing plaintiffs’ evidence in the incorporated case, plaintiffs, in this case, introduced the testimony of four witnesses, one of whom appeared in the previous case. A summary of the testimony of each of those witnesses follows.

Joseph Eitinger, an importer of beads for “almost 40 years,” also handled rhinestone rondelles, such as the ■ merchandise in question, over the same period. He testified that rhinestone rondelles are two [120]*120metal stampings, pressed together, and set with glass, and that they are exclusively used as separators between beads in making necklaces (defendant’s illustrative exhibit F, supra). The witness agreed with the definition of “bead,” read to him by counsel from Funk & Wag-nails New Standard Dictionary, as follows: “Bead: 1. A little perforated sphere, ball, cylinder, or the like, usually strung on a thread or attached to a fabric for decoration,” and added that he agreed with that definition because it points out that a bead “doesn’t have to be perfectly round, as long as it has a hole and is used for stringing purposes or on a string, * * (R. 18.) He stated further that the rhinestone rondelles (collective exhibit 1, . supra)

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Bluebook (online)
40 Cust. Ct. 117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arman-importing-co-v-united-states-cusc-1958.