Broderick & Bascom Rope Co. v. United States

65 Cust. Ct. 400, 1970 Cust. Ct. LEXIS 3016
CourtUnited States Customs Court
DecidedOctober 29, 1970
DocketC.D. 4112
StatusPublished
Cited by2 cases

This text of 65 Cust. Ct. 400 (Broderick & Bascom Rope 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
Broderick & Bascom Rope Co. v. United States, 65 Cust. Ct. 400, 1970 Cust. Ct. LEXIS 3016 (cusc 1970).

Opinion

Richardson, Judge:

The merchandise of these three protests, consolidated for trial, consists of three wire stranders which were imported into the United States at various times from England and [401]*401classified in liquidation as metal-working machine tools — other, under item 674.35 of the Tariff Schedules of the United States at the duty rate of 15 per centum ad valorem. Plaintiff-importer claims that the merchandise should be classified as cordage machines under item 670.90 of the tariff schedules at the duty rate of 12 per centum ad valorem. The competing tariff provisions read as follows:

Schedule 6, Part 4, Tariff Schedules of the United States:

[Classified]
SuBEART F. - MACHINES FOR WORKING METAL, STONE, AND OTHER Materials
it* it* «2» *1» 5J» 5J5 Sfi *2* *¿* *1*
Machine tools:
Metal-working machine tools:
$ ‡ H: $ ‡ ‡ $
674.35 Other_15% ad val.
[Claimed]
Subeart E.-Textile Machines; Laundrt and Drt Cleaning Machines ; Sewing Machines
$ ‡ ‡ ‡ ‡ $
670.90 Cordage machines and parts thereof_12% ad val.

This case presents basically a question of law inasmuch as the essential facts of the controversy do not appear to be in dispute. Ashton Eugene Glick, chief engineer for the plaintiff company who was called as a witness on plaintiff’s behalf, testified that the machines in question [consisting of two 25 bobbin stranders and one 6 bobbin strander] are used in the process of manufacturing wire rope. Making reference to the 6 bobbin strander, the witness testified that it is used to produce wire strands or small wire ropes, samples of which were placed in evidence as plaintiff’s exhibits 3 and 17. He stated that the machine is operated by filling the seven bobbins with wire and leading the wires through guides along the length of the machine to the compacting die at its head, that when the action is tripped, six of the wires are compacted about the seventh, or core, wire to form a strand, and that the strand is then wound on a reel stand on another bobbin.

Mr. Glick also testified that the external contours of an individual wire are not changed by the compacting process, that there is no shaving or other removal of material from the wire and no change in the dimensions of the wire, that there is twisting of the wire to compact it with other wires, and that the principal use of such strand-[402]*402irig machine is to make strands of wire which have an end nse in the production of wire rope.

Prescott A. Smith, Professor of Mechanical Engineering and manager of the machine tool laboratory at the Massachusetts Institute of Technology, also called as a witness on plaintiff’s behalf, testified that in his opinion machine tools are articles which are capable of making parts that could be used in the construction of machines or other machine tools. He testified that he had observed two of the three involved stranders in operation and had examined their structure and components. And in his opinion, based upon his knowledge of and experience with machine tools, the stranders are not machine tools because they lack the capability of making machine parts for use in constructing other machine tools or machines.

Plaintiff contends, on the strength of the evidence thus summarized, that the involved stranders are not machine tools because they are not described by the language of the tariff schedule headnotes and were not intended by Congress to be classified as machine tools, and that even if they are machine tools they are more particularly described as cordage machines. Defendant contends that the stranders are not cordage machines within the purview of item 670.90 because that provision is limited to cordage machines working with textile fibers, and that even if they are cordage machines under such tariff provisions they are more particularly described as machine tools.

We are of the opinion that the involved stranders are machine tools within the purview of item 674.35, and are not cordage machines within the scope of item 670.90.

Subpart F headnote to item 674.35 of the tariff schedules reads in part:

1. For the purposes of this subpart—
(a) the term “machine tooV means any machine used for shaping or surface-working—
(i) metals (including metallic carbides);
$$$$$$$
whether by cutting away or otherwise removing the material or by changing its shape or form without removing any of it. . . .

This language is broad in scope, and is intended by Congress to embrace machinery other than that contemplated under the more restricted definition of “machine tool” to which the witness Smith addressed himself in this case. And the strander, whose avowed purpose is to “twist” metal wire into strands, clearly comes within the broadened definition of the term “machine tool” as set forth in this headnote.

Moreover, plaintiff admits that under the 1930 Tariff Act cordage machines were included in the predecessor provision for “machine [403]*403tools” of paragraph 872. (See page 14,- plaintiff’s brief.) And this admission undoubtedly has reference to machines working with metal wire, inasmuch as cordage machines using textile fibers have long been classified under the basket clause in predecessor paragraph 372 provisions for “all other machines or parts thereof”. See Whitlock Cordage Co. v. United States, 13 Ct. Cust. Appls. 656, T.D. 41490 (1926), construing paragraph 372 of the 1922 Tariff Act which also contained a provision for machine tools. And in considering the provision for “machine tools” in paragraph 372 of the 1922 Act (H.R. 7456), Congress had the benefit even then of a broadened viewpoint of the scope of the term. The Tariff Commission, under the heading “Steam EugiNes, Steam Locomotives, Machine Tools, etc.”, reported to Congress (Summary of Tariff Information, 1921, pages 504-505) :

. . . The term “machine tools” has no very definite or fixed meaning. One class of power-driven machines is designed to produce a single type of article in great numbers with a considerable degree of automatic action, i.e. screw-making machines, bolt threaders, nut tappers, gear cutters, and spring-making machines. These are styled “special” machines. They usually turn out a completed product or one requiring little subsequent finishing. The other class, properly called machine tools, consists of power-driven forming or shaping, machines which are not special, but are adaptable for all kinds of work within their sphere on all shapes of metal stock or raw material. Machine tools are so defined in the act of 1913 as to include both the above classes.
“Metal-working machinery” is a term applied to power-operated machines for working metals in the form of bars, rods, wire, plates, sheets, or casting, but excluding machinery used in the production of the metal m the forms mentioned. . . . [Emphasis added.]

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Related

Schmidt, Pritchard & Co. v. United States
77 Cust. Ct. 1 (U.S. Customs Court, 1976)
Broderick & Bascom Rope Co. v. United States
460 F.2d 1070 (Customs and Patent Appeals, 1972)

Cite This Page — Counsel Stack

Bluebook (online)
65 Cust. Ct. 400, 1970 Cust. Ct. LEXIS 3016, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broderick-bascom-rope-co-v-united-states-cusc-1970.