International Spring Mfg. Co. v. United States

641 F.2d 875, 68 C.C.P.A. 13, 1981 CCPA LEXIS 259, 2 I.T.R.D. (BNA) 1304

Opinion

Nies, Judge.

This appeal is from the judgment of the U.S. Customs Court (hereinafter the U.S. Court of International Trade), 496 F. Supp. 279, 85 Cust. Ct. 5, C.D. 4862, sustaining the classification of leaf springs suitable for use on various kinds of non-self-propelled trailers as other springs under item 652.88 rather than as springs suitable for motor vehicle suspension under item 652.84.

* We affirm.

OPINION

We agree with the decision of the Court of International Trade that the non-self-propelled trailers for which the imported springs are suitable are not motor vehicles within the meaning of item 652.84. Accordingly, we affirm the judgment of the court and adopt the opinion below as our own.

The relevant provisions of the TSUS read:

Schedule 6, Part 8, Subpart F — Miscellaneous Metal Products

Springs and leaves for springs, of base metal: [Claimed]

652.84 Suitable for motor vehicle suspension.. 4% ad val.

#***##*

[Classified]

652.88 Other....... 9.5% ad val.