Hedaya Bros. v. United States

63 Cust. Ct. 146, 1969 Cust. Ct. LEXIS 3782
CourtUnited States Customs Court
DecidedSeptember 26, 1969
DocketC.D. 3888
StatusPublished
Cited by1 cases

This text of 63 Cust. Ct. 146 (Hedaya Bros. 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
Hedaya Bros. v. United States, 63 Cust. Ct. 146, 1969 Cust. Ct. LEXIS 3782 (cusc 1969).

Opinion

Rao, Chief Judge:

The merchandise involved in this case, described on the invoice as wall hangings, was imported from Poland and entered at the port of New York. It was assessed with duty at 40 per centum ad valorem under item 366.30 of the Tariff Schedules of the United States, as towels of woven vegetable fibers, except cotton. It is claimed to be dutiable at 13% per centum ad valorem under item 387.30 of said tariff schedules, as articles of vegetable fibers, except cotton, not specially provided for, or under item 366.84, as other furnishings, not ornamented, of vegetable fiber.

The pertinent provisions of said tariff schedules are as follows:

Schedule 3, part 5, subpart C:
Subpart C headnotes:
1. For the purposes of this subpart, the term “furnishings” means curtains and drapes, including panels and valances; towels, napkins, tablecloths, mats, scarves, runners, doilies, centerpieces, antimacassars, and furniture slipcovers; and like furnishings; all the foregoing of textile materials, and not specially provided for.
* * * * * * *
Other furnishings, not ornamented:
Of vegetable fibers:
$ $ ‡ $ % ❖ ❖
Towels:
* * * * * * *
Of vegetable fibers, except cotton:
Woven, except pile or tufted construction:
[148]*148336.30 With not over 100 yarns per square inch, counting warp and filling_40% ad val.
Other:
* * * * * * *
Other:
Hi H; Hi Hí ¿¡t
Of vegetable fibers, except cotton:
366.84 Other_13.5% ad val.
Schedule 3, part 7, subpart B:
Articles not specially provided for, of textile materials:
* * * * * * *
Other articles, not ornamented:
# ❖ ‡ * H= *
Of vegetable fibers, except cotton:
387.30 Other _13.5% ad val.

At the trial plaintiff called four witnesses and the defendant called six. In addition a number of exhibits were introduced into evidence. Plaintiff’s witnesses were:

Mr. Joseph Hedaya, secretary-treasurer of Hedaya Bros., Inc., whose business is the printing and selling of various linen wall hangings, linen towels, terry towels, and beach to'wels.
Mr. Joseph D. Beyda, vice-president of Town & Country Linen Corp., which manufactures and sells place mats, linen towels, calendar hangings, bath mats, pictures, and hand-painted pictures.
Mr. Adolph Berli, president of Linen Trading, Inc., which is agent for the Polish linen industry in the United States.
Mr. Michael Vincent Basile, decorative linen buyer of Felix Lilienthal & Co., which engages in buying all sorts of decorative linens for the home for retailers across the country.

Defendant called:

Frederick Stephen Waite, vice-president of Stevens Linen Associates, Inc., American manufacturer of towels, toweling, yarns, [149]*149upholstery fabrics, and related items, such as place mats, and napkins.
Edward S. Concheiro, president of Stevens Linen International, Inc., a subsidiary of Stevens Linen Associates, Inc.
Mrs. J ane Howland, homemaker.
Mrs. Vivian Lewis, switchboard operator for the Department of Justice.
Mrs. Marion S. Frissell, office clerk.
Mrs. J osephine Palumbo, housewife.

It was agreed that four other witnesses would have testified substantially in the same manner as Mesdames Howland, Lewis, and Frissell.

A sample representative of the imported merchandise was received in evidence as exhibit 1. It consists of a piece of linen cloth about 29 inches long and 16 inches wide, having a one and a quarter-inch hem at the top, a quarter-inch hem at the bottom, and selvages on both sides. According to the record, after importation, it is printed with a design and a calendar, a wooden dowel is inserted in the larger hem, a string is inserted in the dowel, and the article is rolled up, put into a gift box, and sold as a calendar wall hanging or a calendar towel. An example was received in evidence as exhibit 2. Plaintiff claims that exhibit 1 is an unfinished calendar wall hanging, and defendant that it is an unfinished towel. The witnesses were in agreement that the finished article is known in the trade as a calendar towel, but did not agree that it is in fact a towel.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Mattel, Inc. v. United States
65 Cust. Ct. 616 (U.S. Customs Court, 1970)

Cite This Page — Counsel Stack

Bluebook (online)
63 Cust. Ct. 146, 1969 Cust. Ct. LEXIS 3782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hedaya-bros-v-united-states-cusc-1969.