Mattel, Inc. v. United States

8 Ct. Int'l Trade 323
CourtUnited States Court of International Trade
DecidedDecember 11, 1984
DocketCourt No. 80-3-00425
StatusPublished

This text of 8 Ct. Int'l Trade 323 (Mattel, Inc. v. United States) is published on Counsel Stack Legal Research, covering United States Court of International Trade primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mattel, Inc. v. United States, 8 Ct. Int'l Trade 323 (cit 1984).

Opinion

Carman, Judge:

The question presented in this case pertains to the proper classification, for customs duty purposes, of certain merchandise imported from the Philippines and described on the customs invoices as a “base stand and leg holder” for use with the “Pretty Changes Barbie” doll.1

The merchandise was classified by the United States Customs Service (Customs) as “[d]olls and parts of dolls, including doll clothing * * * Other,” under item 737.22 of the 1978 Tariff Schedules of the United States (TSUS), and assessed with duty at the rate of 17.5 percent ad valorem.

Plaintiff contests this classification and maintains that the merchandise is properly classifiable under item A774.60 of the 1978 TSUS as “[a]rticles not specially provided for, of rubber or plastics * * * Other,” and should be entitled to duty-free treatment under the Generalized System of Preferences (GSP).

The parties agree, as does the Court, that the controlling question presented by this case is whether the base stand and leg holder are properly classifiable as “entireties” with the imported dolls as that concept is understood in customs law. In reaching this issue, the Court notes that it must consider “whether the government’s classification is correct, both independently and in comparison with the importer’s alternative.” Jarvis Clark Co. v. United States, 733 F.2d 873, 878 (Fed. Cir. 1984).

After reviewing the trial testimony, the merchandise taken into evidence, and the applicable authorities, the Court holds that plaintiff has overcome the presumption of correctness attaching to Customs’ classification. See 28 U.S.C. § 2639(a)(1) (1982). Further, plaintiff has shown its proposed alternative classification to be sustainable. See Jarvis Clark Co., 733 F.2d at 878.

[324]*324The plastic base stand and leg holder (doll stand) that is the subject of this action, represented in Plaintiffs Exhibit 2, is illustrated below:

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Bluebook (online)
8 Ct. Int'l Trade 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mattel-inc-v-united-states-cit-1984.