Joseph Rotberg & Co. v. United States

40 Cust. Ct. 22
CourtUnited States Customs Court
DecidedJanuary 3, 1958
DocketC. D. 1952
StatusPublished
Cited by9 cases

This text of 40 Cust. Ct. 22 (Joseph Rotberg & 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
Joseph Rotberg & Co. v. United States, 40 Cust. Ct. 22 (cusc 1958).

Opinion

Wilson, Judge:

The merchandise covered by these protests consists of certain lddsldns and lambskins imported from Argentina in 1943. These importations were classified under paragraph 1519 (a) of the Tariff Act of 1930, as modified by T. D. 50504, as “dressed” fur sldns. The lddsldns were assessed with duty at the rate of 12% per centum ad valorem and the lambskins at 15 per centum ad valorem. Plaintiffs claim the merchandise is properly free of duty under the provisions of paragraph 1681 of the tariff act as “Furs and fur skins, not specially provided for, undressed.”

Counsel for the importer agreed that the skins in question are not “raw” and that they had been-subjected to some sort of processing prior to exportation. It is contended, however, that the skins in question are not “dressed” within the meaning of paragraph 1519 (a) of the tariff act under which they were classified.

[23]*23Several exhibits were received in evidence: A sample skin representative of the merchandise invoiced as lambskins, plaintiffs' exhibit 1 (R. 20); another skin representative of the imported kidskins, plaintiffs’ exhibit 2 (R. 22); and defendant’s exhibit E, a sample skin of the type admittedly received by the plaintiffs during the period here involved (R. 76), together with certain other skins alleged by the defendant to be similar to the skins here in issue and to have been received by the plaintiffs during the involved period (defendant’s exhibits F and G (R. 87, R. 91)). Defendant’s exhibit O' is a sample part of the imported skins invoiced as “Lincoln South American Lamb” (R. 21, R. 193-197). The defendant also introduced in evidence some documents issued by the Government relative to the exclusion from importation of certain items, including “undressed” goat and kidskins (defendant’s exhibit C (R. 281) and defendant’s exhibit D (R. 66)). It appears that skins such as those here in issue were imported from the middle of the year 1943 to the latter part of 1944, and that about 1,944 “undressed” goat and kidskins were by governmental regulations prohibited from importation into the United States (R. 45, 56).

At the trial of the case, eight witnesses were called by the plaintiffs and six testified on behalf of the Government. The record in this case discloses that all of the plaintiffs’ witnesses, including the importer of the involved merchandise, had handled large numbers of skins, such as plaintiffs’ exhibits 1 and 2. From their testimony, it appears that skins in the condition of those here imported were not sold or delivered directly to manufacturers of fur garments, but that, after their arrival in this country, such skins were always sent out to dressers and dyers for further processing, so as to render them fit to be made into fur garments or other fur articles (R. 28-30; R. 104; R. 120-121; R. 221; R. 242). In the latter connection, certain of the plaintiffs’ witnesses, who had personally supervised the dressing and dyeing of skins of the character here in question, testified to the effect that such skins were always subjected to an elaborate dressing process after their arrival in this country (R. 136; R. 168-171; R. 205-209). The process generally, prior to dyeing, to which skins, such as plaintiffs’ exhibits 1 and 2, were subjected after importation, according to plaintiffs’ witnesses, was as follows: The skins were washed in a very mild alkaline solution to remove any grease that might have accumulated on the skin. After washing, the skins were put in a vat into a chrome alum solution where they remained overnight. The next day, the skins were put in a centrifugal machine which whirled the skins, thereby extracting the solution. Thereafter, the skins were “caged,” i. e., placed in a revolving drum and subjected to a “tumbling process” for from 10 to 15 minutes to open up the skins. They were then dried, after which they were given a drumming with [24]*24wet sawdust in a drum similar to the “cage,” following which process they were put in a so-called “kicker” or open vat with grease, where the grease was mechanically “kicked” into the skin. The skins remained in the kicker for an hour or two, after which they were removed from the kicker and again given a drumming with the same sawdust previously used to remove the surplus grease. In between the drumming processes, there was a manual operation consisting of pulling the skins across a dull knife to open up the pores. Thereafter, the skins were given a final drumming to remove the maximum amount of sawdust so that there would be no excess hair or grease on the leather. The skins were then ready for dyeing (R. 137-141; R. 168-171;R. 205-209).

Plaintiffs’ witnesses, while agreeing that there had been some processing on the skins represented by plaintiffs’ exhibits 1 and 2, testified that, nevertheless, they are not “dressed” skins (R. 35-37; R. 69; R. 99-101; R. 114), inasmuch as, in the condition as imported, such skins were never used for the making of fur garments or fur articles and could not be so used (R. 121; R. 223-226; R. 243). Even two of the witnesses for the Government, who, for many years, had been associated with dressers and dyers and who had personally supervised the dressing of fur skins, agreed that the skins represented by plaintiffs’ exhibits 1 and 2 are “crudely” or “very poorly” dressed (R. 313; R. 323-324).

Respecting certain of the fur skin samples introduced by the Government, plaintiffs’ witness Rotberg stated that defendant’s exhibits E and E, although not “raw,” are “undressed” (R. 71-73; R. 81). While plaintiffs’ witness Sultzer stated that defendant’s exhibit G was “dressed,” he was of the opinion that the skin represented thereby came into this country “raw” and then was dressed here (R. 161). He testified further that defendant’s exhibit E would require processing before dyeing (R. 162). Plaintiffs’ witness Ruderman was of the opinion that defendant’s exhibits E and G “might be suitable” for dyeing in their present condition, but that it was “very doubtful” that defendant’s exhibit E was suitable for dyeing without further processing (R. 183-187). Plaintiffs’ witness Ruderman was of the opinion that defendant’s exhibit J was “dressed” and that it did not require the dressing process necessary in the case of plaintiffs’ exhibits 1 and 2. He testified, however, that he was not familiar with the processing “which has been applied to Plaintiffs’ Exhibits #1 and #2” (R. 197-198).

On behalf of the Government, Mr. Frederick Stubbe, the examiner who advisorily classified the imported merchandise, testified that plaintiffs’ exhibits 1 and 2 are not now in the same condition as they were when extracted from the bales at the time of importation, but that, as originally received, “were soft and pliable, the hide had [25]*25been made and converted into a leather” (R. 282). Substantially tbe same testimony was given with respect to the condition of defendant’s exhibits E, F, G, and J, at the time of importation. Government’s witness further testified that, in connection with his duties, he had examined “raw” South American lambskins and kidskins, which he stated were different from the skins contained in plaintiffs’ exhibits 1 and 2 in the latters’ condition at the time of importation, in that such “raw” skins, as imported, were “stiff and boardy,” having no pliability or softness, and would readily crack and tear if they were manipulated in any way. In this connection, Mr.

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Bluebook (online)
40 Cust. Ct. 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-rotberg-co-v-united-states-cusc-1958.