Mitsui & Co. v. United States

70 Cust. Ct. 53, 1973 Cust. Ct. LEXIS 3476
CourtUnited States Customs Court
DecidedFebruary 7, 1973
DocketC.D. 4407
StatusPublished
Cited by1 cases

This text of 70 Cust. Ct. 53 (Mitsui & 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
Mitsui & Co. v. United States, 70 Cust. Ct. 53, 1973 Cust. Ct. LEXIS 3476 (cusc 1973).

Opinion

Re, Judge:

The legal question presented in this case pertains to the proper rate of duty to be assessed on certain merchandise described on the customs invoice as “Transistor Clock Lamp Radio ‘Viscount Brand’ ”. It was imported from Japan and was entered at the port of New York in October 1967. The importation, by admission in the pleadings, is a “combination article consisting of a radio, a clock movement, and a lamp.” It is not disputed that the clock move[55]*55ment is American-made and is fitted “with a dial and bands of Japanese origin.

The lamp portion was assessed at 19 per centum ad valorem under item 653.40 of tbe Tariff Schedules of the United States [TSUS] which covers illuminating articles and parts thereof, of base metal. The clock/radio portion was assessed at 12y2 per centum ad valorem under TSUS item 685.22, which provides for “[r]adiotelegraphic and radiotelephonic * * * reception apparatus * * * whether or not incorporating clocks * *

The regional commissioner of customs further determined that the clock movement, dial and hands were subject to the requirements of headnote 5 of schedule 7, part 2, subpart E of the tariff schedules. Headnote 5 reads as follows:

“5. Combination Articles Containing Watch or Clock Movements. — -A watch or clock movement (and its dial, if any) in a combination article is classifiable under the provision applicable to such combination article, but, in determining the duties on the combination article, the movement (and its dial, if any) shall be constructively separated therefrom and assessed with the same rate as would have applied if it had been imported separately. In such circumstances, the movement and its dial shall also be subject to the same marking requirements provided for in headnote 4 of this subpart. However, such separate assessment and special marking shall not be applicable to movements which, when imported, are installed as the usual equipment of vehicles or craft provided for in part 6 of schedule 6 or as integral and essential parts of laboratory, industrial, or commercial apparatus or equipment.”

The clock movement, dial and hands were accordingly assessed under TSUS item 720.14 which provides for clock movements with dials or hands whether or not assembled thereon, valued over $2.25 but not over $5 each.

Item 720.14 reads as follows:

“Clock movements, assembled, without dials or hands, or with dials or hands whether or not assembled thereon:
# • % sji # ifc
Other clock movements
«.» »]» *!* '»♦
Valued over $2.25 but not over $5 each_ 750 each +32.5% ad val. + 12.50 for each jewel, if any” 72Ó.14

[56]*56In assessing duty, allowance was made for the clock movement as a product of the United States, which was assembled abroad into the imported article, and thereby entitled to duty-free entry pursuant to TSUS item 807.00. This item provides as follows:

“807.00 Articles assembled abroad in whole or in part of fabricated components, the product of the United States, which (a) were exported in condition ready for assembly without further fabrication, (b) have not lost their physical identity in such articles by change in form, shape, or otherwise, and (c) have not been advanced in value or improved in condition abroad except by being assembled and except by operations incidental to the assembly process such as cleaning, lubricating, and painting— A duty upon the full valué of the imported article, less the cost or value of such products of the United States (see headnote 8 of this sub-part) ”

Headnote 3 of schedule 8, part 1, subpart B provides:

“3. Articles assembled abroad with components produced in the United States. — The following provisions apply only to item 807.00:
(a) The value of the products of the United States assembled into the imported article shall be—
(i) the cost of such products at the time of the last purchase; or
(ii) if no charge is made, the value of such products at the time of the shipment for exportation, as set out in the invoice and entry papers; * * *.
(b) The duty on the imported article shall be at the rate which would apply to the imported article itself, as an entirety without constructive separation of its components, in its condition as imported if it were not within the purview of this subpart. If the imported article is subject to a specific or compound rate of duty, the total duties shall be reduced in such proportion as the cost or value of such products of the United States bears to the full value of the imported article.”

The assessment was established as follows: the clock movement, dial and hands were appraised at a unit value of $2.79; the “American” component of this value, i.e., the movement, was appraised at $2.30 and duty allowance was made therefor in accordance with item 807.00; and [57]*57the difference or balance of 49 cents, which admittedly represented “transportation costs of the American goods to Japan, hands and dials of Japanese origin and a portion of the cost of assembling the American goods into the imported article”, was assessed for duty under item 720.14. However, instead of applying the combination rate specified therein (750 each plus 32.5 per centum ad valorem plus 12.50 for each jewel, if any), the ad valorem equivalent rate of 59.3 percent was used. This may be gleaned from the red ink notations placed on the Special Customs Invoice by the commodity specialist, which show how the clock movements were appraised and advisorily classified. The notations read as follows:

“clock movement App’d at $2.79 each, net, packed ADV Value derived as follows=American Clock movements App’d at $2.30 each= 807.00 Free Balance of Value, 490 Dutiable, at the R/A Equivalent Rate of 59.3% under item 807.0020 720.1420”

No appeal was taken and, after the appraisements became final, the merchandise was classified in liquidation in accordance with the advisory classification. The lamp and radio portions of the combination article were entered and appraised at the invoiced unit values of $1.30 and $6.54, respectively.

Against this background, plaintiff advances the following claims: 1) that the imported lamp/clock/radio is constructed, imported and sold as a single entity, and is therefore dutiable as an entirety at 11*4 per centum ad valorem under TSTIS item 688.40 as “[ejlectrical articles * * * not specially provided for”; 2) that the portion of the article valued at 49 cents was erroneously assessed under item 720.14 as it is not a “clock movement”, but is properly dutiable either at the rate claimed applicable to the combination article (11% percent under item 688.40) or, alternatively, at the rate at which the clock/radio was assessed (12% percent under item 685.22); and 3) that the government erred in assessing this portion at an ad valorem equivalent rate of duty.

Defendant concedes that the importation is properly dutiable as an entirety, but contends that the assessment of the portion of the merchandise under the “clock movement” provision was proper, as was the utilization of an ad valorem equivalent rate of duty.

The Entireties Claim

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

Related

Amico, Inc. v. United States
79 Cust. Ct. 125 (U.S. Customs Court, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
70 Cust. Ct. 53, 1973 Cust. Ct. LEXIS 3476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitsui-co-v-united-states-cusc-1973.