Lyons Export & Import, Inc. v. United States

65 Cust. Ct. 394, 1970 Cust. Ct. LEXIS 3015
CourtUnited States Customs Court
DecidedOctober 29, 1970
DocketC.D. 4111
StatusPublished
Cited by2 cases

This text of 65 Cust. Ct. 394 (Lyons Export & Import, 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
Lyons Export & Import, Inc. v. United States, 65 Cust. Ct. 394, 1970 Cust. Ct. LEXIS 3015 (cusc 1970).

Opinion

Rao, Chief Judge:

The merchandise involved in this case consists of tennis strings, “Elascord Blanc,” imported in coils 660 feet in length, wound on plastic reels. It was assessed with duty at 25 cents per pound and 30 per centum ad valorem under item 316.60 of the Tariff Schedules of the United States, as cordage of man-made fiber. It is claimed to be classifiable at 8 per centum ad valorem under item 734.88 of said tariff schedules, as lawn-tennis equipment and parts thereof, or at 20 per centum ad valorem under item 771.55 of said tariff schedules, as profile shapes wholly or almost wholly of rubber or plastics, not of cellulosic plastics materials, or of acrylic resin or casein.

[396]*396Those provisions of said tariff schedues are as follows:

Cordage:
$ $ * * *
.316.60 Of man-made fibers-250 per lb.+ 30% ad val.
Lawn-tennis equipment, and parts thereof:
¡Ü ¡Ü * * * * *
734.88 Other_ 8% ad val.
Film, strips, sheets, plates, slabs, blocks, filaments, rods, seamless tubing, and other profile shapes, all the foregoing wholly or almost wholly of rubber or plastics:
**❖%❖**
Not of cellulosic plastics materials:
Other:
771.45 Of acrylic resin_ * * *
771.50 Of casein_ * * *
771.55 Other_ 20% ad val.

The record herein consists of the testimony of one witness and three exhibits.

Arthur R. Bjorkman, president of Victor Sports, Inc., and vice-president of Victor Surgical Gut Manufacturing Company, testified that the merchandise was entered for the account of the latter firm, which processes animal intestines for surgical sutures and tennis gut and also sells synthetically manufactured tennis articles. He produced a sample of a coil of 15-gauge Elascord tennis string on a plastic reel. (Exhibit 1.) He stated that he had personally been engaged in the sale of this product; that it was sold by the importer to Victor Sports, Inc., which resold to sporting goods dealers and tennis professionals.

The witness had observed the use of the merchandise for stringing tennis racket frames in professional shops and retail stores. He testified:

* * * jfc’s USed as a tennis string. The player comes into the retail store, in other words, a customer of Victor Sports, Inc., and he selects a string. He may select Elascord to be strung into the frame that he purchases. It’s a custom job. A good player will select any kind of string he wishes.

He explained that, in stringing a tennis frame, the frame is placed in a vise, and the strings are run through each hole in a tension of 55 to 60 pounds until the stringing is complete. He said that the equip[397]*397ment necessary to play tennis includes a tennis racket, balls, a net, and a tennis court, and that when strings on a tennis racket are broken, they are cut out and the racket is restrung.

Mr. Bjorkman testified that the importer is the exclusive distributor of Elascord in the United States and that it has only one customer, Victor Sports, Inc. The latter sells the product to its customers in the package as imported. Elascord is used only for stringing tennis rackets and not squash rackets. The witness did not know of any other manufacturers of similar merchandise in France and of only one in the United States. According to the witness, that firm’s product is used solely for stringing tennis rackets.

A catalogue of Victor Sports, Inc. was received in evidence as defendant’s exhibit A. It lists 15-gauge gut for squash rackets but the witness testified that there is a difference between nylon and gut and that Elascord is used only for stringing tennis rackets.

The primary question at issue is whether the material as imported in coils 660 feet in length is classifiable for tariff purposes as cordage of man-made fiber or as lawn-tennis equipment or parts thereof.

No evidence has been presented as to the composition of the imported tennis string. It was classified as a product of man-made fiber and plaintiff does not dispute that it is a synthetic material. It appears to consist of a core which has been coated with other material. Defendant claims that it falls within the statutory definition of cordage in schedule 3, part 2, headnote 1 (a) :

(a) the term “cordage” means assemblages of textile fibers or yarns, in approximately cylindrical form and of continuous length, whether or not bleached, colored, or treated, designed and chiefly used as an end product, and comprising cable, rope, cord, and twine, * * *.

Plaintiff argues that the merchandise is not cordage within this definition on the ground that it has been coated. However, the term “bleached, colored or treated” has been defined in headnote 1(d) to mean

that the condition of the cordage or any of its constituent fibers or yarns has been affected by bleaching or coloring processes; by surface treatments such as polishing, glazing, coating, or filling; or by the application of grease or other nonfibrous substances (except oil) for any purpose, including rendering the cordage more able to withstand or repel fire, insects, rodents, mildew or rot; ❖ * H*

We find, therefore, that the merchandise falls within the definition of cordage in schedule 3, part 2.

Plaintiff claims further that the imported merchandise is excepted from classification as cordage of man-made fibers because “racket [398]*398strings put up and packaged for retail sale” are not covered by the provisions for man-made fibers in schedule 3, part 1, subpart E. The headnotes to that subpart provide, inter alia:

1. The provisions of this subpart do not cover—
* if * % * * *
(viii) fishing line put up and packaged for retail sale (see part 5B of schedule 7) ;
(ix) racket strings put up and packaged for retail sale (see part 5B of schedule 7);
* % H* ❖ ❖ ❖ ❖
2. (a) For the purposes of the .tariff schedules, the term uman-made fibers” refers to the filaments, strips, and fibers covered in this subpart.

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Related

Alexander v. United States
78 Cust. Ct. 137 (U.S. Customs Court, 1977)
Lyons Export & Import, Inc. v. United States
461 F.2d 830 (Customs and Patent Appeals, 1972)

Cite This Page — Counsel Stack

Bluebook (online)
65 Cust. Ct. 394, 1970 Cust. Ct. LEXIS 3015, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lyons-export-import-inc-v-united-states-cusc-1970.