Marshall Co. v. United States

65 Cust. Ct. 629, 320 F. Supp. 1003, 1970 Cust. Ct. LEXIS 2968
CourtUnited States Customs Court
DecidedDecember 18, 1970
DocketC.D. 4148
StatusPublished
Cited by1 cases

This text of 65 Cust. Ct. 629 (Marshall 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
Marshall Co. v. United States, 65 Cust. Ct. 629, 320 F. Supp. 1003, 1970 Cust. Ct. LEXIS 2968 (cusc 1970).

Opinion

Bao, Chief Judge:

The merchandise involved in this case, imported from West Germany, is described on the invoice as rubber sheeting insulating material. It was assessed with duty at 25 cents per pound and 30 per centum ad valorem under item 359.50, Tariff Schedules of the United States, as textile fabrics, not specially provided for, of man-made fibers. It is claimed that the merchandise is excluded from that classification by virtue of headnote 5 to schedule 3 of said tariff schedules, as amended by the Tariff Schedules Technical Amendments Act of 1965, and is properly classifiable at 12.5 per centum ad valorem under item 771.42, as amended, as flexible strips or sheets, almost wholly of rubber. Other claims are deemed abandoned and will be dismissed.

The pertinent provisions of the tariff schedules, as amended, are as follows:

Schedule 3 headnotes:
*******
2. For the purposes of the tariff schedules-(a) the term “textile materials” means-
* * * * * * *
(vi) except as provided by headnote 5, articles produced from any of the foregoing products;
* *
5. For the purposes of parts 5, 6, and `T of this schedule and parts 1 (except subpart A), 4, and 12 of schedule `1, in determining [631]*631the classification of any article which is wholly or in part of a fabric coated or filled, or laminated, with nontransparent rubber or plastics (which fabric is provided for in part 4C of this schedule) , the fabric shall be regarded not as a textile material but as being wholly of rubber or plastics to the extent that (as used in the article) the nontransparent rubber or plastics forms either the outer surface of such article or the only exposed surface of such fabric.
Schedule 3, Part 4, Subpart C:
Subpart C headnotes:
1. The provisions of this subpart do not cover—
(vii) other articles specially provided for in schedule 7 or elsewhere.
2. For the purposes of the tariff schedules—
(a) the term “coated or filled”, as used with reference to textile fabrics and other textile articles, means that any such fabric or other article has been coated or filled (whether or not impregnated) with gums, starches, pastes, clays, plastics materials, rubber, flock, or other substances, so as to visibly and significantly affect the surface or surfaces thereof otherwise than by change in color, whether or not the color has been changed thereby;
❖ , ❖ * * *
Textile fabrics, including laminated fabrics, not specially provided for:
* * * :|: ■ *
359.50 Of man-made fibers_ 250 per lb. + 30% ad val.
Schedule 7, Part 12, Subpart B:
Subpart B headnotes:
1. This subpart covers rubber or plastics products (other than waste or scrap) in. the following forms:
* * * :|: * . * *
(b) film, strips, sheets, and plates, all the foregoing (whether or not printed, embossed, polished, or otherwise surface-processed) made or cut into rectangular pieces over 15 inches in width and over 18 inches in length; * * *
****** *
[632]*632Film, strips, sheets, plates, slabs, blocks, filaments, rods, seamless tubing, and other profile shapes, all the foregoing wholly or almost wholly of rubber or plastics:
ifc # # * ‡ ‡ $
Not of cellulosic plastics materials:
Film, strips, and sheets, all the foregoing which are flexible:
771.42 Other_ 12.5% ad val.

Samples of the merchandise were received in evidence at the trial. Exhibit 1 is illustrative of the %-inch material having two cloth insertions. It appears to consist of outer layers and a core of rubber-like material, with fiber insertions.

Exhibits 2 and 3 are portions of the 2-ply and 3-ply rubber sheeting which was tested in the Customs Laboratory. They consist of fragments of rubber-like material and one or two pieces of cloth. According to the laboratory analyses, the merchandise is rubber sheeting containing one or two plain woven rayon fabric inserts. The rubber portions are composed chiefly of synthetic rubber by weight.

It was stipulated at the trial:

1. That the imported article weighs over 44 ounces per square yard.

2. That the imported articles do not contain more than 50 percent, by weight, of textile fibers.

3. That the fabric which has been coated or laminated is rayon.

4. That the fabric has been coated with nontransparent rubber, with the nontransparent rubber forming the surface of the article, or exposed surfaces of the article.

Plaintiffs called Max Bollock, who during the years 1965-1969 was employed as the vice-president and general manager of the importer, Marshall Co., Inc. His duties consisted of buying merchandise overseas and assisting in domestic sales. He bought general rubber products, mainly for the sporting goods field, such as air mattresses and surf-riders, and also transmission belting and fabric-rubber type combinations of material.

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Related

Marshall Co. v. United States
67 Cust. Ct. 316 (U.S. Customs Court, 1971)

Cite This Page — Counsel Stack

Bluebook (online)
65 Cust. Ct. 629, 320 F. Supp. 1003, 1970 Cust. Ct. LEXIS 2968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marshall-co-v-united-states-cusc-1970.