Commercial Shearing & Stamping Co. v. United States

464 F.2d 1048, 59 C.C.P.A. 203, 1972 CCPA LEXIS 257
CourtCourt of Customs and Patent Appeals
DecidedAugust 31, 1972
DocketNo. 5428, C.A.D. 1067
StatusPublished
Cited by10 cases

This text of 464 F.2d 1048 (Commercial Shearing & Stamping Co. 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
Commercial Shearing & Stamping Co. v. United States, 464 F.2d 1048, 59 C.C.P.A. 203, 1972 CCPA LEXIS 257 (ccpa 1972).

Opinion

Lane, Judge.

This appeal is by an American Manufacturer, plaintiff below, and is from the decision and judgment of the United States Customs Court, Third Division, 65 Cust. Ct. 91, C.D. 4060, 317 F. Supp. 750 [204]*204(1970), bolding that imported steel plates, pressed to a hemispherical shape, were properly classified by the collector as included in “angles, shapes, and sections,” under item 609.80 of the Tariff Schedules of the United States (TSUS). Appellant claims that the hemispherical items should be classified as other articles of metal which are not more specifically provided for elsewhere in the tariff schedules under item 657.20. We affirm.

The schedules and headnotes involved read as follows:

Schedule 6, Part 2, Subpart B :

Subpart B headnotes:
1. This subpart covers iron and steel, their «alloys, and their so-called basic shapes and forms, and in 'addition covers iron or steel waste and scrap.
% % * Hi # $ Hi
3. Forms and Conditions of Iron or Steel. — Por the purposes of this subpart, the following -terms have the meanings hereby assigned to them:
(a) Ingots: Castings resulting from the solidification of molten steel and having a columnar form suitable for working by rolling or forging.
(b) Blooms and billets: Semifinished products generally of rectangular or circular cross section, having a length several times greater than the maximum cross-sectional dimension, and if rectangular, a width less than 4 times the thickness. A bloom is at least 36 square inches in cross-sectional area; a billet is less than 36 square inches but not less than 3 square inches in cross-sectional area.
(e)Slabs and sheet bars: «Semifinished products of rectangular cross section having a width of at least 4 times the thickness. A slab is not less than 2 inches and not over 6 inches in thickness; a sheet «bar is less than 2 inches in thickness.
(d) Bars: Products of solid section not conforming completely to the respective specifications set forth herein for 'blooms, billets, slabs, sheet bars, wire rods, plates, sheets, strip, wire, rails, joint bars, or tie plates, and which have cross sections in the shape of circles, segments of circles, ovals, triangles, rectangles, hexagons, or octagons. Deformed concrete reinforcing bars are hot rolled ^teel bars, of solid cross section, having deformations of various patterns on -their surfaces.
(e) Hollow drill steel: A hollow steel product in any cross section suitable for use in making mining drills or mining drill rods, with the largest internal cross-sectional dimension not greater than one-third of the largest external cross-sectional dimension.
(f) Wire rods: A coiled, semifinished, hot-rolled product of solid cross section, approximately round in cross section, not under 0.20 inch nor over 0.74 inch in diameter.
(g) Plates and sheets: Plates are flat rolled products, whether or not corrugated or crimped, in coils or cut to length, 0.1875 inch or more in thickness and, if not cold rolled, over 8 inches in width, or if cold rolled, over 12 inches in width. Sheets are flat rolled products, whether or not corrugated or crimped, in coils or cut to length, under 0.1875 inch in thickness and over 12 inches in width. Por the purposes of this subpart—
(i) the term “blade plate” refers to cold rolled steel sheets, not coated, under 0.0142 inch in thickness;
(ii) the term “tin plate and tin coated sheets” refers to tin coated steel sheets; and
[205]*205(iii) the term “terne plate and, terne coated sheets" refers to steel sheets coated with terne metal (a lead-tin alloy).
(h) Strip: A flat rolled product, whether or not corrugated or crimped, in coils or cut to length, under 0.1875 inch in thickness, and if cold rolled, over 0.50 inch hut not over 12 inches in width, or, if not cold rolled, not over 12 inches in width.
(i) Wire: A finished, drawn, non-tubular product, of any cross-sectional configuration, in coils or cut to length, and not over 0.703 inch in maximum cross-sectional dimension. The term also includes a product of solid rectangular cross section, in coils or cut to length, with a cold-rolled finish, and not over 0.25 inch thick and not over 0.50 inch wide.
(j) Angles, shapes, and sections: Products which do not conform completely to the respective specifications set forth herein for blooms, billets, slabs, sheet bars, bars, wire rods, plates, sheets, strip, wire, rails, joint bars, or tie plates, and do not include any tubular products.
(k) Rails: Hot-rolled steel products, weighing not less than 8 pounds per yard, with cross-sectional shapes intended for carrying wheel loads in railroad, railway, and crane runway applications. Rails may be punched or not punched.
(l) Joint tars: Hot-rolled steel products designed to connect the ends of adjacent rails in track. Joint bars are usually punched or slotted.
(m) Tie plates: Hot-rolled steel products used to support rails in track, to maintain track gauge and protect the ties. Tie plates are punched to provide holes for spikes and have one or two shoulder sections as rail guides.
* * * * *
[Tariff Item:]
Angles, shapes, and sections, all the foregoing, of iron or steel, hot rolled, forged, extruded, or drawn, or cold formed or cold finished, whether or not drilled, punched, or otherwise advanced; sheet piling of iron or steel:
Angles, shapes, and sections:
Hot rolled; or, cold formed and weighing over 0.29 pound per linear foot:
Not drilled, not punched, and not otherwise advanced :
609.80 Other than alloy iron and steel-0.1-ji per lb.
♦ * ‡ * *
Schedule 6, Part 3, Subpart G:
Swhpart Q- headnotes:
1. This subpart covers only articles of metal which are not more specifically provided for elsewhere in the tariff schedule:
* :|e * # *
[Tariff Item:]
Articles of iron or steel, not coated or plated with precious metal:
*****
Other articles:
*****
657.20 Other_ 19% ad val.

[206]*206The extensive record includes the testimony of eight witnesses for appellant, one witness for appellee, and four witnesses on behalf of the party-in-interest, as well as various documentary and physical exhibits.

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464 F.2d 1048, 59 C.C.P.A. 203, 1972 CCPA LEXIS 257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commercial-shearing-stamping-co-v-united-states-ccpa-1972.