Economy Cover Corp. v. United States

76 Cust. Ct. 130, 411 F. Supp. 783, 76 Ct. Cust. 130, 1976 Cust. Ct. LEXIS 1066
CourtUnited States Customs Court
DecidedApril 6, 1976
DocketC.D. 4645; Court No. 75-1-00253
StatusPublished
Cited by6 cases

This text of 76 Cust. Ct. 130 (Economy Cover Corp. 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
Economy Cover Corp. v. United States, 76 Cust. Ct. 130, 411 F. Supp. 783, 76 Ct. Cust. 130, 1976 Cust. Ct. LEXIS 1066 (cusc 1976).

Opinion

Re, Judge:

The question presented in this case pertains to the proper classification, for customs purposes, of certain merchandise [131]*131exported from Hong Kong and Taiwan, and entered at the port of New York. The merchandise from Hong Kong is described as “plain polyethylene suit cowers,” and-that from Taiwan as “crystal transparent covers.” Both the suit covers, commonly known as overlap covers, and the transparent covers, known as shoulder covers, are plastic covers used as protective coverings for clothing. Since there is no genuine factual issue to be tried, the parties, pursuant to rule 8.2 of the rules of this court, have moved for summary judgment.

The merchandise was classified as “[articles not specially provided for, of rubber or plastics,” under item 774.60 of the Tariff Schedules of the United States [TSUS], as modified by Presidential Proclamation 3822, T.D. 68-9, and was consequently assessed with duty at the rate of 8.5 per centum ad valorem.

Plaintiff contests that classification, and claims that the merchandise is more specifically provided for in item 772.35 TSUS, as modified, supra, and therefore should have been assessed with duty at the rate of 6 per centum ad valorem.

For purposes of convenience the competing provisions of the tariff schedules may be set forth as follows:

Classified:
“Articles not specially provided for, of rubber or plastics: *
774.60 Other_ 8.5% ad val.”
Claimed:
772.35 “Curtains and drapes, including panels and valances; napkins, table covers, mats, scarves, runners, doilies, centerpieces, antimacassars, and- furniture slipcovers; and like furnishings; all the foregoing of rubber or plastics_ 6% ad val.”

It is clear that the overlap and shoulder covers are not a form of any of the articles specifically set forth eo nomine in item 772.35. Plaintiff, nevertheless, moves for summary judgment because it claims that they are embraced by the words “like furnishings” in item 772.35.

The defendant contends that since the plastic clothes covers are not ejusdem generis with the articles enumerated in item 772.35, they are not “like furnishings,” and were properly classified. Defendant, consequently, cross-moves for summary judgment sustaining the classification, and denying plaintiff’s motion.

Since there is agreement as to the nature and purpose of the protective plastic covers, the question presented is whether they were [132]*132properly classified, as claimed by defendant, or whether they are “like furnishings” within item 772.35, as claimed by plaintiff.

It is the determination of the court that-the overlap and shoulder covers are not -ejusdem generis, i.e., of the same kind or class, as the other articles specifically enumerated in item 772.36. Since they are not “like furnishings,” within the intendment of that item, plaintiff’s claim must fail.

The doctrine oí ejusdem generis, as an aid in the construction of statutes, is utilized frequently in the consideration of the tariff laws of the United States. It is a specific application or illustration of the broader maxim noscitur a sociis, i.e., known by its associates. This maxim is designed to teach that the meaning of a word may be known or revealed by the words with which it is accompanied or associated. 'Hence, when general and specific words are associated, not only may their meaning be gleaned from each other, but also, the meaning of the general words may be limited or restricted to the sense or category of the specific words.

In essence, ejusdem generis means that when general words in a statute follow a specific enumeration of persons or things, the general words are not to be construed in their widest sense or meaning, but rather are to be limited, or held to apply, only to persons or things of the same kind or class as those specifically enumerated.

An examination of the specifically enumerated articles preceding the words “like furnishings,” in item 772.35 of the schedules, reveals that the plastic clothing covers at bar are not of the same class or kind. Notwithstanding .their ostensible similarity they do not possess the essential characteristic or purpose which is common to the articles enumerated eo nomine. .

Much ground has already been covered by the prior decisions in this area, and only a few broad markers need be highlighted. See Venetianaire Corp. of America v. United States, 60 CCPA 75, C.A.D. 1084, 470 F. 2d 1047 (1973); Venaire Shade Corp. v. United States, 66 Cust. Ct. 469, C.D. 4235 (1971); Joanna Western Mills Company v. United States, 64 Cust. Ct. 218, C.D. 3983, 311 F. Supp. 1328 (1970); Kotake Co., Ltd., American Customs Brokerage Co. v. United States, 58 Cust. Ct. 196, C.D. 2934, 266 F. Supp. 385 (1967).

Research as to the meaning of the words “like furnishings” may conveniently commence with the case of Morimura Bros. v. United States, 2 Ct. Cust. Appls. 181, T.D. 31941 (1911). In the Morimura case, the appellate court distinguished “furniture,” “house furniture” and “house furnishings,” as follows:

“The term ‘furniture’ as ordinarily used may mean that with which anything is furnished, supplied, or equipped. House furniture has [133]*133ture has a restricted signification, however, which does not cover everything with which a house may be furnished, supplied, or equipped. House furniture, in these modern tirn~s; has come to denote those articles - of household utility which were formerly made of wood and which are designed for the personal uSe, convenidnce, and comfort of the dweller~ H~~se furnishings, on the other hand, are the subsidiary adjuncts and appendages of the hou~e, designed for its ornamentation or which are of comparatively minor importance so far as personal use, convenience, and comfort are concerned." 2 Ct. Cust. Appls. at 182.

The case of Sprouse Reitz v. Co., Frank P. Dow Co., Inc. v. United States, 67 Cust. Ct. 209, C.D. 4276, 332 F. Supp. 209 (1971) refers to some of the meanings of the noun "furniture" under the. various tariff acts, and the cases that have construed the. term.1 Although it ha~ been stated that the term "furniture" is one of "broad signffication~' (Necchi Sewing Machine Sales Corp. et al. v. United States, 30 Cust. Ct. 1, 3, C.D. 1489 (1952)), under the Tariff Act of. 1930 "house furnishings" remained limited to articles of ornamentation. See Furniture Import Corp. v. United States, 56 Cust. Ct. 125, C.D. 2619 (1966); Fabry Associates, Inc. v. United States, 45 Cust. Ct. 88, C.D. 2203 (1960).

In 197~, in the Joanna Western Mills case, this court noted that the words "like furnishings," in item 772.35 of the tariff schedules, were new, and that prior cases, decided under the Tariff Act of 1930, were not dispositive of their meaning. The court, construed the word "furnishings" in the Tight of the new enactment, and concluded that, "when used in the tariff, schedules, [iti cannot be limited on the basis •of the presence or absence of ornamentation." Basing its construction also on other provisions of the tariff schedules, and the case of Barth & Dreyfuss v. United States, 62 Cust. Ct. 86, C.D.

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76 Cust. Ct. 130, 411 F. Supp. 783, 76 Ct. Cust. 130, 1976 Cust. Ct. LEXIS 1066, Counsel Stack Legal Research, https://law.counselstack.com/opinion/economy-cover-corp-v-united-states-cusc-1976.