Jack Bryan, Inc. v. United States

72 Cust. Ct. 197, 1974 Cust. Ct. LEXIS 3029
CourtUnited States Customs Court
DecidedMay 14, 1974
DocketC.D. 4541; Court No. 73-3-00687
StatusPublished
Cited by2 cases

This text of 72 Cust. Ct. 197 (Jack Bryan, Inc. 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
Jack Bryan, Inc. v. United States, 72 Cust. Ct. 197, 1974 Cust. Ct. LEXIS 3029 (cusc 1974).

Opinion

Rao, Judge:

The merchandise involved in this case was imported from Hong Kong and consists of items, such as collars, cuffs, belts, and parts for blouses or dresses, made up of nets of wool or man-made fiber on which have been sewn beads, bugles, spangles, or imitation gemstones or combinations thereof. It was classified as women’s wearing apparel, ornamented, and was assessed with duty under item 382.02 or item 382.04, Tariff Schedules of the United States, depending upon whether it was in chief value of wool or man-made fibers. (Style No. 8078 in entry No. 120179 was classified under item 807.00 and assessed with duty at the rate applicable under item 382.04 upon [199]*199the value of the merchandise less the cost or value of the products of the United States which had been exported for assembly.) It is claimed in the amended complaint that the merchandise is not wearing apparel, but parts thereof; that some items are in chief value of beads, bugles, spangles, imitation gemstones or combinations thereof and are dutiable under item 741.50, as modified, as articles not specially provided for, of beads, of bugles, of spangles, of imitation gemstones, or of any combination thereof; and that the other items are in chief value of fabric and are dutiable under item 886.08, as modified, as textile articles, not specially provided for.

The pertinent provisions of the tariff schedules are:

General Headnotes and Rules of Interpretation:
*******
10. General Interpretative Rules. For the purposes of these schedules—
*******
(h) unless the context requires otherwise, a tariff description for an article covers such article, whether assembled or not assembled, and whether finished or not finished;
Schedule 3. - Textile Fibers and Textile Products
Schedule 3 headnotes:
****** *
2. For the purposes of the tariff schedules—
(a) the term “textile materials” means—
****** *
(iv) the fabrics provided for in part 3 and part 4 of this schedule,
****** *
(vi) * * * articles produced from any of the foregoing products;
****** *
3. For the purposes of the tariff schedules — ■
(a) the term “ornamented”, as used with reference to textile fabrics and other articles of textile materials, means fabrics and other articles of textile materials which are ornamented with—
$ ‡ ^ ‡ $
(iv) applique and replique work, beads, bugles, spangles, bullions, or ornaments; or
[200]*200(v) any combination of the foregoing types or methods of ornamentation ;
(b) ornamentation of the types or methods covered hereby consists of ornamenting work done to a pre-existing textile fabric, whether the ornamentation was applied to such fabric—
(i) when it was in the piece,
(ii) after it had been made or cut to a size for particular furnishings, wearing apparel, or any other article, or
(iii) after it had actually been incorporated into another article,
and if such textile fabric remains visible, at least in significant part, after omamen-' tation: * * *
(c) applique work, beads, bugles, spangles, bullions, and other forms of non-textile ornamentation applied to a textile fabric or other article of textile materials shall be disregarded in determining the component material of chief value of such fabric or other article.
Hi Hi # ❖ # # &
Part 6. - Wearing Apparel and Accessories
Subpart F. - Other Wearing Apparel
Subpart F headnote:
1. This subpart covers only wearing apparel, not specially provided for, of textile materials.
Hs ‡ ^ ❖ H? H« #
Women’s, girls’, or infants’ lace or net wearing apparel, whether or not ornamented, and other women’s, girls’, or infants’ wearing apparel, ornamented:
H« ******
382.02 Of wool_ 42.5% ad val.
382.04 Of man-made fibers_ 42.5% ad val.
* Hi * * í¡i ^ *
[201]*201Part 7. - Miscellaneous Textile Products; * * *
Subpart B. - Textile Articles Not Specially Provided For
Subpart B headnote:
1. This subpart covers articles, of textile materials, not covered elsewhere in the tariff schedules.
Articles not specially provided for, of textile materials:
Lace or net articles, whether or not ornamented, and other articles ornamented :
‡ ‡ ‡ ‡ ‡ $ $
386.08 Other_ 35% ad val. [for merchandise entered during 1970, TJX 68-9]
30% ad val. [for merchandise entered during 1971, T.D. 68-9]
Schedule 7. - Specified Products; Miscellaneous and Nonenumerated Products
‡ iH ‡ sf*
Part 6. - Jewelry and Belated Articles; Cameos;
Natural, Cultured, and Imitation Pearls; Imitation Gemstones; Beads and Articles of Beads
741.50 Articles not specially provided for, of beads, of bugles, of spangles, of imitation gemstones, or of any combination thereof_
17.5% ad val. [for merchandise entered during 1970. T.D. 68-9]
15% ad val. [for merchandise entered during 1971, T.D. 68-9]

[202]*202Samples of the merchandise were received in evidence and testimony was adduced from Jack Andrew Bryan, president of Jack Bryan, Inc., manufacturer of women’s wearing apparel, principally cocktail and after-five dresses, and importer of beaded parts to be sewn in this country.

The entries, styles and claimed classifications set out in the amended complaint, and the exhibits representing the merchandise are as follows:

Entry No. Style No. Exhibit No. Claimed classification

120179 8062 4 741. 50

8071 6 741.50

8078 7 386.08

124838 9068 1 741. 50

4014/8081L 2 386. 08

800874 8051 3 386. 08

21504 none 386.08

8062 4 741.50

2002/1166 5 741.50

Claims as to styles not mentioned in the amended complaint are deemed abandoned.

Collective exhibit 1, representing style No.

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

Related

Dynamics Classics, Ltd. v. United States
10 Ct. Int'l Trade 666 (Court of International Trade, 1986)
Cardinal Glove Co. v. United States
4 Ct. Int'l Trade 41 (Court of International Trade, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
72 Cust. Ct. 197, 1974 Cust. Ct. LEXIS 3029, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jack-bryan-inc-v-united-states-cusc-1974.