International Spring Mfg. Co. v. United States

85 Cust. Ct. 5, 496 F. Supp. 279, 85 Ct. Cust. 5, 1980 Cust. Ct. LEXIS 1190
CourtUnited States Customs Court
DecidedJuly 2, 1980
DocketC.D. 4862; Court No. 74-9-02617
StatusPublished
Cited by12 cases

This text of 85 Cust. Ct. 5 (International Spring Mfg. 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
International Spring Mfg. Co. v. United States, 85 Cust. Ct. 5, 496 F. Supp. 279, 85 Ct. Cust. 5, 1980 Cust. Ct. LEXIS 1190 (cusc 1980).

Opinion

Maletz, Judge:

The problem in this case is to determine the proper tariff classification of leaf springs of base metal which were imported from Canada in 1973 and 1974. Customs classified the articles under item 652.88 of the Tariff Schedules of the United States (TSUS) which provides for other springs and leaves for springs, of base metal, and assessed duty at the rate of 9.5 percent ad valorem. Plaintiff claims the articles are properly classifiable under item 652.84 which provides for springs and leaves for springs, of base metal, suitable for motor vehicle suspension and prescribes a duty rate of 4 percent ad valorem

In this setting, the only issue is whether the imported springs are suitable for motor vehicle suspension. And resolution of this issue depends on whether the non-self-propelled trailers for which the importations are suitable are motor vehicles within the meaning of item 652.84.

[6]*6The relevant provisions of TSUS read as follows:

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.
Also relevant to plaintiff’s claim are the following provisions of TSUS:
Schedule 6, Part 6, Subpart B. — Motor Vehicles
Subpart B headnotes:
1. For the purposes of this subpart—
(b) automobile truck tractors imported with their trailers are, together with their trailers, classifiable in item 692.02, but, if such tractors or trailers are separately imported, they are classifiable in item 692.27.
Motor vehicles (except motorcycles) for the transport of persons or articles:
Automobile trucks valued at $1,000 or more, and motor buses:
692.02 Automobile trucks_8.5% ad val.
Chassis, bodies (including cabs), and parts of the foregoing motor vehicles:
692.27 Other-4% ad val.
692.60 Vehicles (including trailers), not self-propelled, not specially provided for, and parts thereof_8% ad val.
General headnotes and rules of interpretation:
10. General interpretative rules. — For the purposes of these schedules—
(b) the titles of the various schedules, parts, and sub-parts and the footnotes therein are intended for convenience in reference only and have no legal or interpretative significance;

The importations consist of four types of leaf springs which are suitable for and used in various kinds of non-self-propelled trailers such as utility trailers for carrying air compressors, generating units, [7]*7etc.; boat trailers, horse trailers, and mobile homes. The springs are not used in self-propelled vehicles nor is there any evidence that thev are suitable for such use.1

Against this background, it must be concluded for the reasons that follow that the non-self-propelled trailers for which the imported springs are suitable are not motor vehicles within the meaning of item 652.84, as claimed by plaintiff. In this circumstance, the court holds that the springs in question were correctly classified by Customs under item 652.88 as other springs and leaves for springs, of base metal.

As stated before, resolution of the instant controversy turns on whether the term “motor vehicle” as used in item 652.84 is limited to self-propelled vehicles or whether, as plaintiff claims, the term includes non-self-propelled vehicles such as the trailers here involved. And in construing that term, it is basic that in the absence of a contrary legislative intent, the common meaning controls. It is to be added that the common meaning of a term is a matter of law to be determined by the court, for which purpose the court may consult dictionaries and other authorities as an aid to the court’s own knowledge. Trans-Atlantic Company v. United States, 60 CCPA 100, 102, C.A.D. 1088, 471 F.2d 1397, 1398 (1973).

Funk & Wagnalls New Standard Dictionary of the English Language (Unabridged, 1956) defines “motor vehicle” as:

n. Any form of self-propelling vehicle.

Webster’s Third New International Dictionary of the English Language (Unabridged, 1963) defines “motor vehicle” as:

n. an automotive vehicle not operated on rails; esp. one with rubber tires or for use on highways.

The same source defines “automotive” (vehicle) as:

2: of, relating to, or concerned with vehicles or machines that propel themselves (as automobiles, trucks, planes, motor boats).

The Harper Encyclopedia of Science, volume III (1st ed. 1963) defines “motor vehicles” as follows (p. 806):

Motor vehicle: A self-propelled conveyance used for passenger transportation (automobiles, buses, motorcycles) or for hauling freight (trucks). * * *

A similar definition appears in the McGraw-Hill Dictionary of Scientific and Technical Terms (1974), which restricts motor vehicles to self-propelled devices.

Plaintiff, though, points out that the National Traffic and Motor Vehicle Safety Act of 1966 defines a “motor vehicle” as “any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads and highways, except any vehicle operated [8]*8exclusively on a rail or rails.” 15 U.S.C. § 1391 (3).2 Based on the definition contained in that and other nontariff statutes, plaintiff argues that the term “motor vehicle” includes any non-self-propelled vehicle that is used on public highways. However, it is settled that the definition of¡ a term contained in a statute or regulation dealing with nontariff matters, such as public safety, does not determine the common meaning of that term for tariff purposes. Pharmacia Laboratories, Inc. v. United States, 67 CCPA—, C.A.D. 1235, 609 F. 2d 491, 493 (1979); United States v. Mercantil Distribuidora et al., 43 CCPA 111, 116, C.A.D. 617 (1956); Marine Products Co. v. United States, 42 Cust. Ct. 154, 155, C.D. 2080 (1959).

Furthermore, it is apparent from item 692.60, supra, which covers “Vehicles (including trailers), not self-propelled, not specially provided for, and parts thereof,” that Congress intended that various types of non-self-propelled trailers are to be classified as vehicles and not as motor vehicles.3

Plaintiff next argues that headnote 1(b), schedule 6, part 6, subpart B, supra, evidences an intent by Congress to classify non-self-propelled vehicles, such as the trailers here involved, as motor vehicles for the purpose of TSUS.

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85 Cust. Ct. 5, 496 F. Supp. 279, 85 Ct. Cust. 5, 1980 Cust. Ct. LEXIS 1190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/international-spring-mfg-co-v-united-states-cusc-1980.