Great Western Sugar Co. v. United States

452 F.2d 1394, 59 C.C.P.A. 56, 1972 CCPA LEXIS 404
CourtCourt of Customs and Patent Appeals
DecidedJanuary 20, 1972
DocketNo. 5409, C.A.D. 1038
StatusPublished
Cited by7 cases

This text of 452 F.2d 1394 (Great Western Sugar 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
Great Western Sugar Co. v. United States, 452 F.2d 1394, 59 C.C.P.A. 56, 1972 CCPA LEXIS 404 (ccpa 1972).

Opinions

BALDWIN~ Judge.

This appeal is from the decision and judgment of the United States Customs Court, Second Division 1 overruling a protest against the classification of certain cutting blades for sugar beet slicing machines under item 649.67, TSUS. Appellants claim classification as parts of machinery for use in the manufacture of sugar under item 666.20, TSTJS.

The relevant TSTJS provisions read in pertinent part as follows:

TSTJS, Schedule 6, Part 3, Subpart E:
Knives and cutting blades for power or hand machines:
649.65 For agricultural or horticultural machines (except lawnmower blades) and for shoe ~achi~ery - Free
649.67 Other - 10% ad val.
TSTJS, Sohedule 6, Part 4, Superior Headnote 1(v):
1. This part does not cover-
(v) articles and parts of articles specifically provided for elsewhere in the schedules.
[58]*58TSUS, Schedule 6, Part 4, Subpart C:
Industrial machinery for preparing and manufacturing food or drink, and parts thereof:
666.20 Machinery for use in the manufacture of sugar, and parts thereof-Free
General Headnotes and Buies of Interpretation:
10. General Interpretative Rules.
* * * * * * *
(ij) a provision for “parts” of an article covers a product solely or chiefly used as a part of such article, but does not prevail over a specific provision for such part.

The merchandise consists of metal plates about 6% inches long and about 8 inches wide. One of the long sides has a cutting edge in the form of a zig-zagged line running most of the length of the side. The blades are used exclusively in sugar manufacturing machinery having no other known commercial use. Their function is to cut sugar beets into thin, shaped slices (cossettes) which are then placed in a dif-fusor. Once in the diffusor, the cossettes are usually mechanically conveyed in one direction while being countercurrently contacted with a water solution. In this way the sugar values contained in the cells of the sugar beet are ldxivated through the cell walls into the water solution. The size and shape of the cossettes cut by the beet slicers are very important to the success of the diffusion process. Thinner cos-settes present less resistance to lixivation, since there are fewer cell walls for the sugar to traverse. At the same time, the cossettes must have sufficient mechanical strength so that they are not disintegrated by the forces they are subjected to in the diffusor, or they would clog the diffusor.

Appellants contend that classification of the blades as parts of machinery for use in sugar manufacture is compelled by United States v. American Express Co.2 under the doctrine of stare decisis. They also argue that the legislative intent behind item 666.20 was to continue the practice, dating back to the American Express case, of allowing free entry of sugar beet slicer blades. The Customs Court held tha/t American Express is not controlling in this case, primarily because of the differences between the statutes involved in the two cases.

In American Express, the court considered whether beelt slicer blades, apparently identical to those presently under consideration, were properly classified as “other cutting knives and blades used in power or hand machines” or qualified for duty-free treatment as parts of machinery for use in the manufacture of sugar. The competing provisions of the Tariff Act of 1922 that were considered by the court [59]*59were paragraph 356 in Title I and paragraph 1504 in Title II, which read as follows:

Par. 356. Planmg-maehine knives, tannery and leather knives, tobacco knives, paper and pulp mill knives, roll bars, bed plates, and all other stocktreating parts for pulp and paper machinery, shear blades, circular cloth cutters, meat-slicing cutters, and all other knives and cutting blades used in power or hand machines, 20 per centum ad valorem.
Par. 1504. Agricultural implements: Plows, tooth or disk harrows, headers, harvesters, reapers, agricultural drills and planters, mowers, horserakes, cultivators, thrashing machines, cotton gins, machinery for use in the manufacture of sugar, wagons and carts, cream separators valued at not more than $50 each, and all other agricultural implements of any kind or description, not specially provided for, whether in whole or in parts, including repair parts: Provided, That no article specified by name in Title I shall be free of duty under this paragraph.

The sole contention of the Government was that the blades were taken out of paragraph 1504 by the proviso in that paragraph because they were “specified by name” as “all other cutting knives and blades used in power or hand machines,” even though the precise name of the imported blades was not mentioned in paragraph 356. The court held otherwise, stating:

The proviso to paragraph 1504, supra, doubtless was intended to refer to the many agricultural implements which are mentioned eo nomine in Title I of the act of 1922, such as pruning knives and budding knives in paragraph 354, hay, sugar-beet, and beet-topping knives in paragraph 355, animal clippers, pruning and sheep shears in paragraph 357, [etc.] ...
****** *

The purpose which Congress had in enacting paragraph 1504 must be borne in mind. Obviously, it was to give to agriculture any advantage which there might be in the free importation of the implements and machinery of agriculture and their parts. To hold, as contended for by appellant here, would be to do violence to such intention. It would result in the imposition of duties on the importation of every cutting part of an agricultural machine imported, although not specifically named for dutiable purposes in the act, whether it was a plow share, a sickle section for a mower or reaper, a rolling cutter, a blade for a stalk or ensilage cutter, or any other part of such a machine which might happen to have a cutting edge or surface. We can not adopt such a construction. The evident intent to benefit agriculture should be effectuated.

We find, as did the Customs Court, that the above reasoning in American Express is not applicable to the relevant provisions of the present statute. In the first place, the proviso of paragraph 1504 of the 1922 Act does not appear in the Tariff Schedules.3 Questions of [60]*60domination between competing provisions are now governed by the headnotes and interpretive rules contained in TSUS. Further, the fear expressed in American Express, that to hold sugar beet slicer knives dutiable would defeat the intent of Congress to allow free entry of agricultural implements and parts thereof, has been obviated by the provisions of the Tariff Schedules. The provisions for free entry of sugar making machinery is no longer a part of the provision for free entry of agricultural machinery.4

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452 F.2d 1394, 59 C.C.P.A. 56, 1972 CCPA LEXIS 404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/great-western-sugar-co-v-united-states-ccpa-1972.