Brown Boveri Corp. v. United States

53 C.C.P.A. 19, 1966 CCPA LEXIS 475
CourtCourt of Customs and Patent Appeals
DecidedFebruary 17, 1966
DocketNo. 5177
StatusPublished

This text of 53 C.C.P.A. 19 (Brown Boveri Corp. 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
Brown Boveri Corp. v. United States, 53 C.C.P.A. 19, 1966 CCPA LEXIS 475 (ccpa 1966).

Opinion

WoRley, Chief Judge,

delivered the opinion of the court:

At issue here is whether the collector properly classified certain air-blast circuit breakers under paragraph 353 of the Tariff Act of 1930, as modified by the General Agreement on Tariffs and Trade, 82 Treas. Dec. 305, T.D. 51802, as “switchgear,” assessing duty at 17% per centum ad valorem.

The Customs Court (C.D. 2439) dismissed the importers’ protest that the circuit breakers were dutiable under the broader provisions of the same paragraph of the Tariff Act as “other articles” suitable for producing, rectifying, modifying, controlling, or distributing electrical energy, dutiable at 15 per centum ad valorem.

Paragraph 353, in pertinent part, reads:

Articles suitable for producing, rectifying, modifying, controlling, or distributing electrical energy, and articles having as an essential feature an electrical element or device, such as electric motors, fans, locomotives, portable tools, furnaces, heaters, ovens, ranges, washing machines, refrigerators, and signs; all the foregoing (not including electrical wiring apparatus, instruments, and devices), finished or unfinished, wholly or in chief value of metal, and not specially provided for:
Switches and switchgear which are not wiring apparatus, instruments, or devices; fans; blowers; and washing machines_VTV2% ad val.
* * # # * $ *
n Other articles (except machines for determining the strength of materials or articles in tension, compression, torsion, or shear; flashlights; batteries ; vacuum cleaners; and internal-combustion engines. 15% ad val.

[21]*21The circuit breakers are large units2 used exclusively in power installations and installed outdoors in sub-stations to protect the power system against overloads. They are installed for operation through separate relays which act automatically in response to excess current conditions in the circuit breakers to cause the breakers to open. Such opening involves drawing apart two conducting members which normally are in contact to permit current flow therethrough. When the conductors are thus drawn apart because of excess current conditions, current continues to flow between the conducting members in the form of an arc, and compressed air is blown into the arc to extinguish it and thereby interrupt the current. Manually controlled switches having the same rating as the circuit breaker are installed on either side of the breaker to permit its being electrically isolated when maintenance work is to be done on it.

The single witness, a vice-president of Brown Boveri Corp., and a graduate electrical engineer, stated that switches and circuit breakers are entirely different pieces of equipment; that circuit breakers are bought and sold as such and not as switches; that air-blast circuit breakers are not used as mechanisms for the control of motors; and that switches are not automatically operated in response to current conditions but are manually operated.

It being apparent that the present circuit breakers fit within the broad designation in paragraph 353 of articles suitable for producing, rectifying, modifying, controlling, or distributing electrical energy, the question is whether they further fit within the sub-designation in that paragraph including “Switches and switchgear which are not wiring apparatus, instruments, or devices,” or must be considered, “other articles” thereunder. Kesolution of that question requires us to decide which of two definitions of different scope advanced by the parties should 'be accepted for “switchgear.” 3

The importers’ witness acknowledged that he had testified in a previous case, Brown Boveri Corp., Gehrig Hoban & Co., Inc. v. United, States, 40 Cust. Ct. 168, C.D. 1978, there defining switchgear in a broad sense. Concerning such definition, he said:

Well, it would include a large variety of equipment. It would include conductors, instruments of all Rinds, paneling boards made from steel or marble, a lot of equipment mounted thereon and behind and interconnected. It would, in [22]*22the broad meaning of the term, include switches, whatever that is, that would include certain circuit breakers; it would include certain types of transformers, although not what is generally known as transformers. It would include meter transformers or instrument transformers; they are sometimes called instrument transformers. That would be the widest usage of the term as we use it frequently.

He further testified that “switchgear” also has a more specific meaning, stating:

* * * in other instances it would be used to describe a device which is required to operate switches, for instance, railroad switches, or electrical switches, which for some reason, cannot be operated by direct manpower.

The Customs Court discussed that testimony along with the following dictionary definitions:

Webster’s New International Dictionary, 1950 edition:
Switchgear, n. * * * Elec. The mechanism used to operate large switches.
Switch, n. * * * Elec. A device for making, breaking, or changing the connections in an electric circuit.
Funk & Wagnalls New Standard Dictionary of the English language, 1942 edition:
Switch, n. 1. * * * Electric switches are sometimes named (1) from their operation, or the purpose they serve; as changing switch (changing a circuit from one source to another), * * *. S-gear, n. The mechanism that works a switch, especially of a railway switch.

It also noted;

* * * In Kent’s Mechanical Engineers’ Handbook, twelfth edition, the following definition is contained under the heading “switchgear” :
Switchgear is a general term covering switching, interrupting, control, metering, protective and regulating devices, also assemblies of those devices with associated interconnections, accessories, and supporting structures for use in connection with the generation, transmission, distribution, and conversion of electric power.
In Chamber's Technical Dictionary, revised edition, the following definition of “switchgear” is contained therein:
The generic name for that class of electrical apparatus whose sole function is to open and close electric circuits.
The Standard Industrial Classification Manual — 1957—issued by the Executive Office of the President, Bureau of the Budget and prepared by the Technical Committee on Industrial Classification, Office of Statistical Standards, under Industry No. 3613, entitled “Switchgear and Switchboard apparatus,” states as follows:
Establishments primarily engaged in manufacturing switchgear and switchboard apparatus. Important products of this industry include power switches, circuit breakers, power switching equipment, and similar switchgear for general industrial application; switchboards and cubicles, control and metering panels, power fuse mountings, and similar switchboard apparatus and supplies. * * *

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Related

Meyer v. United States
6 Ct. Cust. 181 (Customs and Patent Appeals, 1915)
Bakelite Corp. v. United States
16 Ct. Cust. 378 (Customs and Patent Appeals, 1928)
Federal Electric Products Co. v. United States
35 Cust. Ct. 47 (U.S. Customs Court, 1955)
Brown Boveri Corp. v. United States
40 Cust. Ct. 168 (U.S. Customs Court, 1958)

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53 C.C.P.A. 19, 1966 CCPA LEXIS 475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-boveri-corp-v-united-states-ccpa-1966.