Mitsubishi International Corp. v. United States

17 Ct. Int'l Trade 871, 829 F. Supp. 1387, 17 C.I.T. 871, 15 I.T.R.D. (BNA) 2092, 1993 Ct. Intl. Trade LEXIS 165
CourtUnited States Court of International Trade
DecidedAugust 12, 1993
DocketCourt No. 88-10-00810
StatusPublished
Cited by7 cases

This text of 17 Ct. Int'l Trade 871 (Mitsubishi International Corp. 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
Mitsubishi International Corp. v. United States, 17 Ct. Int'l Trade 871, 829 F. Supp. 1387, 17 C.I.T. 871, 15 I.T.R.D. (BNA) 2092, 1993 Ct. Intl. Trade LEXIS 165 (cit 1993).

Opinion

Opinion

Carman, Judge:

Plaintiff, Mitsubishi International Corporation, challenges the classification and liquidation of its imported merchandise [872]*872pursuant to section 515 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1515(a) (1988). This Court has jurisdiction under 28 U.S.C. § 1581(a) (1988) and, for the reasons which follow, enters judgment for plaintiff.

I. Background

A. The Continuous Steel Casting Process:

All of the subject merchandise is involved in the continuous steel casting process. In general, the continuous steel casting process converts liquid metal into solid steel slabs through several steps. Transcript (Tr) at 30,107. The process begins by placing molten steel in ladles and subjecting the molten steel to various conditioning treatments. Id. at 31. Following treatment, the molten steel flows from the ladles into a vessel known as a tundish. Id. at 32. A turret device controls the flow of the molten steel from the ladles into the tundish. Id. From the tundish, the steel pours into a mold in which the steel begins to solidify by forming a thin shell. Id. at 34-35. After the shell forms, the steel passes from the mold into a containment section consisting of several roller assemblies or roller segments. Id. at 35. Once in the containment section, the steel is sprayed with water in order to cause further solidification. Id. The roller segments in the containment section determine the dimensions of the hardening slabs and convey the slabs into a straightener/withdrawal unit which eliminates curves in the slabs. Id. The slabs then proceed to the torch table area in which a torch cut-off machine severs the slabs into pre-determined lengths. Id. at 37. After severance, the steel moves to a torch runout table for deburring and weighing. Id. Finally, the slabs pass to the piling area and then go into storage for eventual distribution. Id.

B. The Merchandise:

The merchandise at issue consists of fifteen components of a continuous steel casting machine imported as part of a continuous steel casting plant.1 Id. at 26. Each of the components, except for one,2 was “specially designed to operate exclusively with the continuous casting machine for which they were imported. Pre-Trial Order, Sched C paragraph 11. The components and their functions may be described as follows:

1. Ladle Rotator for Ladle Turret:

The ladle rotator for ladle turret is a large electromechanical device that contains bearings, rolls, frame and drive elements, such as gear boxes, gears, and electric motors. Id. at 65. The rotator serves to hold the ladles containing molten steel and to control the ladles’ pivoting action during pouring. Id. at 65-66. The component weighs approximately forty to fifty tons and measures fifteen feet wide by twenty feet high. Id.

[873]*873 2. Segment Exchange Car:

The segment exchange car is also a large electromechanical device. Id. at 67. The car consists of wheels, drive elements, and control equipment for positioning. Id. at 68. The component is mounted on the casting machine and moves backward and forward over the bow of the caster. Id. at 67. The purpose of the car is to remove and replace segment from the casting machine should the segment in place fail or become damaged. Id. at 67. The component is approximately twenty to twenty-five feet long, eight feet wide, and fifteen feet high. Id. at 68.

3. Segment Swing Guide:

The segment swing guide is part of the continuous casting machine’s segment removal system. Id. at 68. This component stands on either side of the casting machine and contains structural elements, hydraulic cylinders, cable, and a winch. Id. at 68-69. The swing guide works with the segment removal guide and pivots upon a fixed pivot point in response to the segment removal guide’s movements. Id. at 68. The component is approximately twenty-five feet long, three feet wide, and two feet high, and weighs ten to fifteen tons. Id. at 69.

4. Segment Removal Guide:

The segment removal guide is also part of the continuous casting machine’s segment removal system and is located on either side of the casting machine. Id. at 69. As its name suggests, the component’s function is to guide the segment upon removal from the casting machine. Id. Operators bend and machine the removal guide to the exact position of the segment before removing the segment. Id. at 69-70. The component consists of structural steel and measures approximately forty feet long, two feet wide, and forty feet high. Id. The guide weighs sixty to eighty tons. Id.

5. Ladle Rotating Unit:

The ladle rotating unit operates during the pouring stage of the steel process and serves to orient the ladles’ nozzles. Id. at 70. The unit contains very large bearings, driving elements, support bases, and bases upon which to place ladles. Id. The component measures twenty-five feet long, fifteen feet wide, and fifteen to twenty feet high, and weighs approximately thirty to forty tons. Id.

6. Tundish Car:

The tundish car supports, regulates, and transports the tundish — the vessel into which the ladles pour molten steel and from which the steel pours into the molds. Id. at 32, 71. In addition to positioning the tundish to receive molten steel from the ladles, the car has a lifting apparatus which regulates the depth of the nozzles of the tundish which extend into the molds. Id. at 33. The car is also equipped with a weight-sensing device that controls the amount of steel that can pass into the tundish. Id. Moreover, the component houses argon gas load cells used in pouring the molten steel and hydraulics that control the slide gate at the bottom [874]*874of the tundish. Id. at 32, 34, 71. The tundish car measures forty feet long, twenty-five feet wide, and twelve feet high, and weighs approximately seventy to eighty tons. Id. at 71.

7. Tundish Lifting System:

The tundish lifting system is the lifting apparatus contained in the tundish car that controls the height of the tundish. Id. at 71-72. The system itself consists of two motorized devices or frames located on both sides of the tundish and about fifteen feet apart. Id. at 73-74. The mechanized portion of each frame contains a gear box, motor, brakes, and position control. Id. at 73. Each frame measures four feet wide and five to six feet high, and together the frames weigh approximately ten to twenty tons. Id. at 73-74.

8. Heat Protector for Ladle Turret:

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Bluebook (online)
17 Ct. Int'l Trade 871, 829 F. Supp. 1387, 17 C.I.T. 871, 15 I.T.R.D. (BNA) 2092, 1993 Ct. Intl. Trade LEXIS 165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitsubishi-international-corp-v-united-states-cit-1993.