Fashion Ribbon Co. v. United States

58 Cust. Ct. 737, 1967 Cust. Ct. LEXIS 2372
CourtUnited States Customs Court
DecidedMay 24, 1967
DocketR.D. 11314; Entry No. IAD 547234
StatusPublished
Cited by7 cases

This text of 58 Cust. Ct. 737 (Fashion Ribbon 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
Fashion Ribbon Co. v. United States, 58 Cust. Ct. 737, 1967 Cust. Ct. LEXIS 2372 (cusc 1967).

Opinion

Foi®, Judge:

The merchandise involved in this appeal for reap-praisement consists of ribbon novelties or textile trimmings in the shape of bows or other ornamental motifs used principally to decorate women’s undergarments. They were imported from Haiti and entered at the port of New York on May 1, 1963. The appeal has been limited to the first three articles on the invoice, the items designated as S/2004, OR/2003, and 0/2004/B, and abandoned as to all other articles, without conceding the correctness of the appraised values thereof.

The invoice sets out a labor price for each item, a material price, and a total for the two. It also adds 30 percent on the labor price for profit and overhead. The merchandise was appraised on the basis of constructed value, as that value is defined in section 402(d) of the Tariff Act of 1930, as amended by the Customs Simplification Act of 1956, at the unit labor price, plus 30 percent, and the unit material price, plus 20 percent, packed. The basis of appraisement is not disputed, and it is agreed that the merchandise does not appear on the final list published by the Secretary of the Treasury in 93 Treas. Dec. 14, T.D. 54521. Plaintiff claims that the proper constructed value is represented by the cost of materials and fabrication, plus an amount equaling 30 percent of the labor cost (for general expenses and profit), plus the cost of packing.

This case has been submitted upon the affidavit of Georges Sicard, proprietor and sole owner of Aiguilles d’Haiti, the manufacturer of the involved merchandise. Mr. Sicard stated that, since the inception of the company 10 years ago, he has been in charge of all its operations, including production and sales; that he has personal knowledge of the selling policies of the company; that the books of account and records are maintained by him or under his direct supervision; and that he is personally familiar with the cost of producing its products. To the best of his knowledge, there were no other manufacturers of ribbon novelties in Haiti during 1963. Such articles were not sold in Haiti, there being no manufacturers of ladies’ undergarments there to consume them. The entire production of his company in 1963 -was sold to Fashion Ribbon Co., Inc., of New York.

The affidavit gives the cost of materials and fabrication and other processing employed in producing such products at a time preceding exportation of the involved merchandise which would ordinarily permit the production of that merchandise in the ordinary course of business. It lists such costs and amounts for general expenses and profit and for packing, all per gross, as follows:

[739]*739Item No.
S/2004
OR/2003
0/2004/B
Material
$ . 2065
.1177
. 0683
Labor
■e/s bo oo
CO to
to oo
General expenses and profit
$ . 0840
. 0960
. 0840
Packing
$ . 0025
. 0025
. 0025

In regard to these items, affiant states: Suitable ribbon is not produced in Haiti. The material used was received from Fashion Ribbon Co., Inc., and the material cost is the actual cost charged to Aiguilles d’Haiti by Fashion Ribbon Co., Inc., including transportation. Ribbon could be obtained from other sources at approximately the same price. Labor employed was compensated on a piecework basis, and the cost per unit remained constant over a number of years. General expenses and profit are determined by taking 30 percent of the known labor cost for each item. This factor does not vary and has been affiant’s markup to cover general expenses and profit since 1955. Neither the cost of production, nor the markup for general expenses and profit, nor the selling price varies with the quantity sold or purchased. It is further stated:

Ribbon novelties manufactured in Haiti have been produced and sold in the manner described above for the past ten years that I know of. A markup to cover general expenses and profit based upon a percentage of labor is normal in the production of ribbon novelties in Haiti because of the known cost of labor, which is always performed on a piecework basis. Compensating workers on a piecework basis is considered a proper method of paying for labor in Haiti.

The affiant stated he had no interest in Fashion Ribbon Co., Inc., and that the importer had no interest in his company.

The pertinent provisions of the Tariff Act of 1930, as amended by the Customs Simplification Act of 1956, provide: ■

Sec. 402. Value.
(d) CoNStructed Value. — For the purposes of this section, the constructed value of imported merchandise shall be the sum of—
(1) the cost of materials (exclusive of any internal tax applicable in the country of exportation directly to such materials or their disposition, but remitted or refunded upon the exportation of the article in the production of which such materials are used) and of fabrication or other processing of any kind employed in producing such or similar merchandise, at a time preceding the date of exportation of the merchandise undergoing appraisement which would ordinarily permit the production of that particular merchandise in the ordinary course of business;
(2) an amount for general expenses and profit equal to that usually reflected in sales of merchandise of the same general class or kind as the merchandise undergoing appraisement which are [740]*740made by producers in the country of exportation, in the usual wholesale quantities and in the ordinary course of trade, for shipment to the United States; and
(3) the cost of all containers and coverings of whatever nature, and all other expenses incidental to placing the merchandise undergoing appraisement in condition, packed ready for shipment to the United States.

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Related

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65 Cust. Ct. 778 (U.S. Customs Court, 1970)
National Carloading Corp. v. United States
65 Cust. Ct. 830 (U.S. Customs Court, 1970)
Meadows Wye & Co. v. United States
64 Cust. Ct. 713 (U.S. Customs Court, 1970)
United States v. Fashion Ribbon Co.
62 Cust. Ct. 1015 (U.S. Customs Court, 1969)
N. M. Albert Co. v. United States
59 Cust. Ct. 788 (U.S. Customs Court, 1967)
Frank P. Dow Co. v. United States
59 Cust. Ct. 697 (U.S. Customs Court, 1967)

Cite This Page — Counsel Stack

Bluebook (online)
58 Cust. Ct. 737, 1967 Cust. Ct. LEXIS 2372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fashion-ribbon-co-v-united-states-cusc-1967.