Cardinal Glove Co. v. United States

4 Ct. Int'l Trade 41
CourtUnited States Court of International Trade
DecidedJuly 22, 1982
DocketCourt No. 82-4-00501
StatusPublished

This text of 4 Ct. Int'l Trade 41 (Cardinal Glove Co. 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
Cardinal Glove Co. v. United States, 4 Ct. Int'l Trade 41 (cit 1982).

Opinion

Boe, Judge:

In the above-entitled action the subject merchandise, cotton gloves assembled in Haiti from “panels” manufactured in Hong Kong, has been denied entry into the United States by the Customs Service because of the lack of an export license and/or visa as required by the bilateral textile agreement between Hong Kong and the United States.

The parties have submitted this action to the court for determination upon a stipulation of facts which provide:

1. This court has jurisdiction over this Civil Action pursuant to 28 U.S.C. § 1581(a).
2. The merchandise the subject of this Civil Action consists of cotton gloves, properly classifiable in item 704.45, Tariff Schedules of the United States (TSUS), as ‘gloves not of lace or net and not ornamented, and glove linings, of vegetable fibers, made from a pre-existing machine-knit or woven fabric, not woven.’
3. The accompanying sample of the imported merchandise, a finished glove, Exhibit A, is representative of the merchandise in its condition as plaintiff sought to make entry into the United States.
4. The accompanying sample of the front and back panel of the glove, Exhibit B, is representative of the imported merchandise in its condition as exported from Hong Kong to Haiti.
[42]*425. The cotton fabric from which the imported gloves were manufactured was produced in Hong Kong.
6. This fabric was cut in Hong Kong into front and back panels.
7. The front and back panels were shipped from Hong Kong to Haiti.
8. The front and back panels were assembled in Haiti by being sewn together with thread manufactured in the United States.
9. The gloves were then turned inside out, pressed, inspected, paired, folded and bundled in Haiti.
10. The gloves were shipped from Haiti to the United States.
11. At the time the glove panels were exported from Hong Kong, the plaintiff intended that the gloves assembled in Haiti from the glove panels would be imported into the United States.
12. The assembly of the glove panels was the only procedure for which the glove panels went to Haiti.
13. The gloves were never sold or offered for sale for consumption in Haiti.
14. The merchandise such as Exhibit B is sold in the United States glove trade as unassembled gloves, tranks or panels.
16. The Customs Service decision to deny entry was based on a determination that the merchandise in issue was subject to a bilateral textile agreement between the United States and Hong Kong.

The current bilateral textile agreement (agreement) between the United States and Hong Kong states at paragraph 4:

During the term of the Agreement, the Government of Hong Kong shall limit annual exports from Hong Kong of cotton, wool, and man-made fiber textiles and textile products of Hong Kong origin to the United States of America, to the Aggregate, Group, Specified Limits and Sub-Limits set forth in Annex A hereto, as such limits may be adjusted in accordance with paragraphs 5, 6 and 7 * * *

The defendant contends that the subject merchandise, having been cut into component parts in Hong Kong from cotton fabric produced in Hong Kong and shipped after processing in an intermediate country (Haiti) to the United States, is subject to the foregoing agreement and must be accompanied by a license and/or visa from Hong Kong in order to be permitted entry into the United States.1

[43]*43The plaintiff, however, contends that the subject merchandise, because of its assembly and processing in Haiti, is an export from Haiti for the purpose of our tariff laws and, accordingly, not subject to the agreement and the licensing provisions contained therein between Hong Kong and the United States.

Various descriptive terms are used in the agreement referring to the products and materials which, upon exportation from Hong Kong to the United States, are subject to limitation and licensing requirements.2 However, in considering the applicability of the provisions of the agreement to the instant action, the initial and basic question which must be addressed is whether the mercandise in issue presently seeking entry into the United States has been, in fact, “exported from Hong Kong to the United States.” Only if the merchandise in issue has been exported from Hong Kong does the question of its origin become material with respect to the application of the agreement and its licensing provisions.

The hypothetical discussion contained in the respective memorandum briefs of counsel, as to how the merchandise in its form and condition when shipped from Hong Kong would be classified, is not relevant to the instant action. In the authorities cited by the defendant — Doherty-Barrow of Texas, Inc. v. United States, 3 CIT 228 (1982); Daisey-Heddon v. United States, 66 CCPA 97, 600 F.2d 799 (1979); Jack Bryan, Inc. v. United States, 72 Cust. Ct. 197, C.D. 4541 (1974) — the issue before the court was whether the imported merchandise under Interpretative Rule 10(h), TSUS, should be properly classified as unfinished articles. Exportation of the respective merchandise therein had been made directly from Country A to the United States. No intermediate country in which processing, alteration or any change in the merchandise occurred was involved.

In the instant action the subject merchandise seeking entry into the United States consists of “gloves,” properly classifiable under item 704.45, TSUS, (Stipulation of fact No. 2). No argument exists as to the finished character thereof nor with respect to the application of Interpretative Rule 10(h), TSUS. On the contrary, the sole issue presented in the instant action is a determination of the country from which the present merchandise in issue was exported.

To interpret the intent of the bilateral agreement in the manner urged by the defendant would place a grossly unfair burden upon Hong Kong. Defendant’s interpretation, carried to a logical conclusion, would require that a jacket, manufactured in France from a bolt of cloth produced in and exported from Hong Kong, be accompanied by a Hong Kong visa or license, if the intention existed that the jacket be exported to the United States. Suffice it to say, the exportation of merchandise from a country producing a product to an intermediate country for the purpose of processing, manipulat[44]*44ing or assembling that product, is a common practice in our present day industrial and technological economy.

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4 Ct. Int'l Trade 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cardinal-glove-co-v-united-states-cit-1982.