Commercial Shearing & Stamping Co. v. United States

65 Cust. Ct. 91, 317 F. Supp. 750, 1970 Cust. Ct. LEXIS 3078
CourtUnited States Customs Court
DecidedAugust 7, 1970
DocketC.D. 4060
StatusPublished
Cited by11 cases

This text of 65 Cust. Ct. 91 (Commercial Shearing & Stamping 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
Commercial Shearing & Stamping Co. v. United States, 65 Cust. Ct. 91, 317 F. Supp. 750, 1970 Cust. Ct. LEXIS 3078 (cusc 1970).

Opinion

Landis, Judge:

Plaintiff here sues, as an American manufacturer, for relief under section 516, Tariff Act of 1930 (19 U.S.C., sec[93]*93tion 1516), protesting the tariff classification of articles of the class or kind produced by it, imported from Mexico, and described on the entry invoice as steel plates, specifications ASTM A-285-C, cut and pressed to hemispherical shape. The importer, Guadalupe Industrial Supply Company, Inc., the party-in-interest, appears with defendant in defense of the customs classification of the hemispherical articles under the heading “angles, shapes, and sections”, dutiable under the Tariff Schedules of the United States (TSUS) item 609.80, at the rate of 0.1 cent per pound.

Plaintiff contends that hemispherical shaped articles are not within the class of “angles, shapes, and sections” intended to be classified by TSUS and are properly dutiable as articles of iron or steel, not specially provided for in TSUS, dutiable at 19 per centum ad valorem under TSUS item 657.20.

The complete text of the TSUS classification “angles, shapes, and sections” in schedule 6, part 2, provides as follows:

StjbpaRt B.-Iron oe Steel
Subpart B headnotes:
1. This subpart covers iron and steel, tbeir alloys, and tbeir so-called basic shapes and forms, and in addition covers iron or steel waste and scrap.
‡ ‡ $ $
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:
0.10 lb. Other than alloy iron and steel_ 609.80
* * * Alloy iron or steel_ Drilled, punched, or otherwise advanced: 609.82
Other than alloy iron or steel_ 609.84 # * *
Alloy iron or steel_ 609.86 * # *
[94]*94Cold formed and weighing not over 0.29 pound per linear foot:
8.5% ad val. 609.88 Other than alloy iron or steeL
* * * 609.90 Alloy iron or steel_
Sheet piling:
* * * 609.96 Other than alloy iron or steel_
❖ * * 609.98 Alloy iron or steel_

Plaintiff’s claim under schedule 6, part 3, subpart G, provides in pertinent part as follows:

Subpart G. - Metal Products Not Specially Provided eor
Subpart G headnotes:
1. This subpart covers only articles of metal which are not more specifically provided for elsewhere in the tariff schedules.
* * * * * * *
Articles of iron or steel, not coated or plated with precious metal:
Cast-iron articles, not alloyed:
$ $ $ $ $ #
Other articles:
657.15 Of tin plate_ * * *
657.20 Other- 19% ad val.

The record consists of 907 pages of transcribed testimony from thirteen witnesses; eight for plaintiff; one for defendant and four for the party-in-interest. There are 32 exhibits, numbered for the record as plaintiff’s exhibits 1 through 22, defendant’s exhibits A-l through A-4, and party-in-interest’s exhibits I through VI. We shall refer to the exhibits where pertinent to our discussion of the facts. At the outset we can say that exhibit 1 consists of the correspondence between plaintiff and customs officials showing compliance with the jurisdictional requirements for an American manufacturer’s protest under section 516, sufra. Exhibit 11 is a sample of the hemispherical article imported in this case. Its inside diameter measures 37 inches. The term “hemispherical” denotes that the shape of the article is that of half a sphere formed by a plane through a sphere’s center.

Somewhat crucial, yet undisputed as we read the record, are the facts with respect to the process by which these hemispherical articles were produced by Altos Homos de Mexico, S. A. Monclova Coahuila. Exhibits, modified in size for convenience in handling, illustrate the changes which took place in the form and shape of the metal used in that process. To start with a rectangular piece of ASTM 285 grade O flat steel plate, produced in a hot rolling process but which, when used, is a piece of plate metal in a cold state or condition (exhibit 2), is cut into a round or circular piece of flat steel plate (exhibit 3). The cir[95]*95cular piece of plate is placed in a hydraulic press and the surface of the plate is lubricated to facilitate the pressing process which follows. As the press is engaged, it presses a male die into the circular plate causing the metal to plastically deform into a female die and cold form the hemispherical shape which, when removed from the press, has around its base a horizontal collar or flange (exhibit 4). The flange, which is cut off, has no useful purpose and is discarded as waste or scrap metal. When the lubrication is washed off, the hemispherical article is ready for shipment (exhibit 6).

The issue is whether the imported article, produced in the process described above, is within the class of “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, dutiable under TSUS item 609.80.

Plaintiff argues that a hemispherical article is not within the class of “angles, shapes, and sections” covered by schedule 6, subpart B, because Congress intended to limit the term “angles, shapes, and sections” to angles, shapes, and sections produced in a basic steel mill and to exclude articles further advanced in condition by a process of manufacture in a so-called fabricating plant. On this record, we are of the opinion that plaintiff has failed to overcome the presumption of correctness attaching to the customs classification under TSUS item 609.80 and overrule the protest. F. H. Kaysing v. United States, 49 CCPA 69, C.A.D. 798 (1962).

There is little or no ground for quarrel with plaintiff’s statement that the intrinsic structure of TSUS schedule 6 discloses an intent on the part of Congress to provide a classification system based upon “the state of advancement of metal articles” (plaintiff’s brief, page 86). To say that, does no more than recognize that “Schedule 6 provides for a logical arrangement of metals and metal products and takes cognizance of the many developments in metals and metal products since 1930.” 1 What we take exception to is plaintiff’s contention that the classification in part 2 of schedule 6 provides only for metal in primary forms, including “angles, shapes, and sections”, '■'■'produced in basic iron and steel mills” (plaintiff’s brief, page 86, emphasis added).

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Bluebook (online)
65 Cust. Ct. 91, 317 F. Supp. 750, 1970 Cust. Ct. LEXIS 3078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commercial-shearing-stamping-co-v-united-states-cusc-1970.