Mattel, Inc. v. United States

14 Ct. Int'l Trade 51, 733 F. Supp. 1503, 14 C.I.T. 51, 1990 Ct. Intl. Trade LEXIS 9
CourtUnited States Court of International Trade
DecidedJanuary 31, 1990
DocketCourt No. 87-08-00843
StatusPublished
Cited by2 cases

This text of 14 Ct. Int'l Trade 51 (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, 14 Ct. Int'l Trade 51, 733 F. Supp. 1503, 14 C.I.T. 51, 1990 Ct. Intl. Trade LEXIS 9 (cit 1990).

Opinion

DiCarlo, Judge:

This action concerns the proper tariff classification of an assortment of inexpensive plastic toys which the United States Customs Service classified under items 737.40, of the Tariff Schedule of the United States (TSUS) (toy figures of animate objects), 737.49, TSUS (toy figures of inanimate objects), and 737.95, TSUS (toys not specially provided for). Mattel asserts that the merchandise is properly classifiable under item 912.20, TSUS which covers:

Articles provided for in parts 5D and 5E of schedule 7 (except bal-lons [sic], marbles, dice, and diecast vehicles), valued not over five cents per unit * * *.

(emphasis added).

[52]*52This court has jurisdiction under 28 U.S.C. § 1581(a) (1988). The action was presented in the form of an agreed stipulation of facts in lieu of trial. The Court holds Customs’ interpretation of the meaning of the word “unit” in item 912.20, TSUS, is correct and affirms Customs’ classification of the toys under items 737.40, 737.49, and 737.95, TSUS.

BACKGROUND

The merchandise is an assortment of inexpensive plastic toy figures and doll accessories. The figures are approximately one and one half inches in height and have a generally human appearance but represent various human and non-human characters. They are imported in packaged sets of four, ten or 28 figures. The doll accessories include combs, brushes, wigs and beach equipment which are imported in related sets or with the dolls. The parties stipulate that the toys have an individual value of less than five cents each and that the retail sets have a value in excess of five cents.

Customs classified the figures under items 737.40, 737.49, and 737.95, TSUS. The doll accessories were classified under item 737.95, TSUS. Mattel timely protested these classifications claiming that the merchandise should fall under item 912.20, TSUS, a temporary exemption from duties for certain toys “valued not over five cents per unit % * *

Discussion

The parties agree that classification of the merchandise under item 912.20, TSUS, depends upon the proper meaning of the word “unit” in that provision. Mattel asserts that “unit” refers to the individual toys. The government counters that “unit” refers to the packaged retail sets.

Customs’ classification is presumptively correct and the plaintiff has the burden of proving otherwise. 28 U.S.C. § 2639(a)(1) (1982). Inorder to decide whether the merchandise has been properly classified, the Court must consider Custom’s classification both independently and in relation to the plaintiffs proposed classification. Jarvis Clark Co. v. United States, 2 Fed. Cir. (T) 70, 75, 733 F.2d 873, 878, reh’g denied, 2 Fed. Cir. (T) 97, 739 F.2d 628 (1984); Phone-Mate, Inc. v. United States, 12 CIT 575, 690 F. Supp. 1048, 1050 (1988), aff'd 867 F.2d 1404 (Fed. Cir. 1989).

As with any statute, construction of a tariff provision must begin with a consideration of its language. See United States v. Ron Pair Enters., Inc., 109 S.Ct. 1026, 1030 (1989). The meaning of a tariff term is a question of law. Digital Equip. Corp. v. United States, 889 F.2d 267, 268 (Fed. Cir. 1989); Brookside Veneers, Ltd. v. United States, 847 F.2d 786, 788 (Fed. Cir.), cert. denied, 109 S.Ct. 369 (1988). Whether particular merchandise fits within that meaning is a question of fact. Digital Equip. Corp., 889 F.2d at 268. Terms used in the tariff schedules are construed in accordance with their common and commercial meanings. Nippon Kogaku (USA), Inc. v. United States, 69 CCPA 89, 92, 673 F.2d 380, 382 [53]*53(1982). In determining the common meaning of a tariff term, a court may consult dictionaries and other reliable references. Brookside Veneers, 847 F.2d at 789.

The parties submitted dictionary definitions of the word “unit” which they claim support their positions. The plaintiff quotes Webster’s Third New International Dictionary of the English Language, Unabridged (1963):

Unit * * * 1 a (2): a single thing (as a magnitude or number) that constitutes an undivided whole * * *. 2 a: a single thing or person or group that is a constituent and isolable member of some more inclusive whole: a member of an aggregate that is the least part to have clearly definable separate existence and that normally forms a basic element of organization within the aggregate * * *.

The government offers citations to other dictionaries, including Funk & Wagnall’s New Standard Dictionary of the English Language (1956), which defines a “unit” as “[a] single person, thing or group, regarded as an individual, or one of several persons, things or groups * * *.” Both of these definitions refer to individuals as well as groups. They can, therefore, be read to support either position. Consequently, neither is disposi-tive.

The parties also invite the Court to consider how similar language is used in other TSUS provisions. Both parties rely on item 734.15, TSUS, which includes

Chess, checkers, parchisi, backgammon, darts, and other games played on boards of special design, all the foregoing games and parts thereof (including their boards); mah-jong, and dominoes; any of the foregoing games in combination with each other, or with other games, packaged together as a unit in immediate containers of a type used in retail sales * * *.

(emphasis added). Mattel asserts that if Congress had intended for retail packages to be considered a “unit” under item 912.20, TSUS, Congress would have included language similar to that used in item 734.15, TSUS. Trial Brief For Plaintiff at‘ 15. Customs counters that the language in this provision shows that “unit” may refer to retail units. Brief For The United States, Defendant at 5.

The government also points to Headnote 2(a) of Schedule 7, Part 5, Subpart D, TSUS, definingthe term “in sets” as it relates to table tennis equipment packaged as a retail unit, for the proposition that Congress has specifically referred to retail sets as the relevant unit. Item 734.15, TSUS, and Headnote 2(a) are inapposite because the merchandise they cover is necessarily composed of articles which comprise unified entire-ties. This is not the case here where each figure maybe enjoyed individually, and the doll accessories can be used with other dolls.

Mattel also cites to Headnote 6(d)(i) through 6(h)(ii)(II) to Schedule 7, Part 2, Subpart E, TSUS, which regulates the number of certain watches that may be admitted duty free into the United States. Mattel claims these provisions show an intent to regulate the importation of in

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

Related

Mattel, Inc. v. The United States
926 F.2d 1116 (Federal Circuit, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
14 Ct. Int'l Trade 51, 733 F. Supp. 1503, 14 C.I.T. 51, 1990 Ct. Intl. Trade LEXIS 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mattel-inc-v-united-states-cit-1990.