National Hand Tool Corp. v. United States

14 Ct. Int'l Trade 61
CourtUnited States Court of International Trade
DecidedFebruary 9, 1990
DocketCourt No. 89-11-00636
StatusPublished

This text of 14 Ct. Int'l Trade 61 (National Hand Tool 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
National Hand Tool Corp. v. United States, 14 Ct. Int'l Trade 61 (cit 1990).

Opinion

Re, Chief Judge:

In this action, plaintiff, National Hand Tool Corporation, moves to enjoin the defendant, through its agent, the United States Customs Service, from enforcing redelivery-marking notices that bar entry to certain steel forgings imported from Taiwan. The Customs Service, pursuant to Customs Regulation 134.3, issued the notices and barred entry because the steel forgings had not been marked with their country of origin. Plaintiff contends that, because the imported steel forgings undergo a “substantial transformation” through further manufacture, after importation into the United States, pursuant to Customs Regulation 134.35 they are exempt from country of origin marking requirements.

The imported merchandise entered between August 28 and October 2,1989, at the port of Dallas/Fort Worth, Texas, as parts of five entries. In each entry, pursuant to Customs Regulation 134.3(b), Customs issued redelivery-marking notices for certain sizes or styles of steel forgings. Plaintiff protested the notices, contending that “[t]he articles in question are unfinished producer goods that undergo further significant manufacturing operations by [plaintiff) in the United States which effect a substantial transformation as that term has been defined by the numerous governing court decisions.” On October 20,1989, the protest was denied.

Contesting Customs’ denial of its protest, on November 27, 1989, plaintiff filed this civil action, and moved for a preliminary injunction. Plaintiff sought to enjoin defendant, through its agent, the United States Customs Service, from excluding from entry the steel forgings described in the redelivery-marking notices.

Background

Plaintiff, a manufacturer of mechanics hand tools, is a wholly owned subsidiary of The Stanley Works. In support of its motion for a prelimi[62]*62nary injunction, plaintiff submitted the affidavits of Mr. Thomas E. Mahoney, its president and general manager, and Mr. Anthony R. Pagano, chief metallurgist for The Stanley Works. In addition to the affidavits, plaintiff submitted exemplars of the sizes or styles of steel forgings barred from entry and described in the redelivery-marking notices. At oral argument, counsel for the parties ably presented the issues and their respective contentions.

In his affidavit, Mr. Mahoney stated that plaintiff manufactures “sockets and other components for socket sets.” He stated that “[m]ost of the components for these sets are made entirely from scratch beginning with coils of steel rod as feedstock.” According to Mr. Mahoney, “some of the lower volume sockets and components are imported as forgings from * * * Taiwan.”

Mr. Mahoney stated that since “May 1988, a team of Customs agents and auditors [have conducted] a dragnet investigation of [plaintiff], examining all of its activities both before and after its acquisition by Stanley [in 1986].” He added that, as part of this investigation, between August 24, 1989, and September 14, 1989, Customs issued redelivery-marking notices for “nine different articles that [plaintiff] had been routinely importing and manufactur [ing] into components for socket sets. ”

Mr. Mahoney stated that:

[t]he articles in question represented a very small percentage of the total shipments and were in separate containers that could readily be segregated. However, the local Customs officials regularly delayed the release of any of the goods holding them for personal inspection by a particular agent, even after the marking notices were issued. Some of the shipments were released only after [plaintiff] complained about the improper withholding of the merchandise. The delays in receiving these items, which included packing materials and tooling critical to [plaintiff]’s operations, were disruptive and caused the company to modify and make departures from its optimum production and shipping schedules.

According to Mr. Mahoney, Customs’ seizure and refusal to permit entry of the imported steel forgings “is causing considerable hardship to [plaintiff].” He explained that:

[i]t has created a tremendous amount of confusion among personnel * * *. The harm to the company is immediate in terms of the diversion of management time and energy and having a disruptive effect on production schedules and inventory control and threatens [plaintiffl’s ability to make and meet contractual commitments to customers. [Plaintiff] not only faces serious danger of impairment of relations with customers, but is placed in a severely disadvantaged position in a highly competitive market.

Mr. Mahoney added that plaintiffs “tools are sold mostly in sets * * Hence, according to Mr. Mahoney, although the total value of the imported steel forgings is $34,273, “the sales value of the socket sets that would be made up with the articles in question would be approximately $1.2 million.”

[63]*63In his affidavit, Mr. Pagano described the manufacturing operations performed on the steel forgings after importation. He stated that he was “personally familiar with the manufacturing process employed at [plaintiffs factory] and the numerous steps in the production of finished tools * *

Mr. Pagano stated that steel forgings represent “an intermediate stage in the process of manufacturing a tool, [where] the individual articles will have acquired the shape and the approximate dimensions of what ultimately will be required.” He explained that the forgings are “soft and weak and, if employed as a tool, would quickly fail by either breaking of simply losing its shape and dimensional tolerances.”

Mr. Pagano noted that, after the forgings are made, “[t]he operations that are generally accomplished next in the production of tools are hardening and tempering, two operations that are sometimes collectively referred to as ‘heat treating.’ ” He explained that:

[s]tep 1 of the hardening process involves uniformly heating the parts to approximately 1600° F., a temperature which is maintained for approximately 50 minutes. This heating process must be controlled by specialized equipment in which the parts are protected from carbon loss and scaling by the presence of specially prepared protective atmosphere.

Mr. Pagano stated that, after heating, the “succeeding step requires that the parts be quickly cooled or ‘quenched’ to near room temperature by plunging them in special oils, again at controlled temperatures.” He also stated that “[t]he combination of these two steps has served to transform the steel from its original soft malleable state into an entirely different material.” Mr. Pagano explained that these processes change the molecular structure of the articles, and produce “a small but significant dimensional change * * *.”

Mr. Pagano noted that the next operation, “tempering,” improves “ [t]he toughness and ability of the tool to withstand deformation * * *. ” Mr. Pagano stated that the tempering process “consists of a second heating operation which is closely controlled with regard to temperature[,] [and] requires specially designed furnaces that carefully circulate the heating air around the parts in process.”

Mr. Pagano noted that, after tempering, “the article is physically capable of performing as a mechanics tool * * *.” He stated, however, that “surface protection” is necessary to protect the article from corrosion and rust. Mr.

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

Related

Yakus v. United States
321 U.S. 414 (Supreme Court, 1944)
Uniroyal, Inc. v. The United States
702 F.2d 1022 (Federal Circuit, 1983)
Zenith Radio Corporation v. The United States
710 F.2d 806 (Federal Circuit, 1983)
Globemaster, Inc. v. United States
340 F. Supp. 974 (U.S. Customs Court, 1972)
United States v. Ury
106 F.2d 28 (Second Circuit, 1939)
Ferrostaal Metals Corp. v. United States
664 F. Supp. 535 (Court of International Trade, 1987)
Associated Dry Goods Corp. v. United States
515 F. Supp. 775 (Court of International Trade, 1981)
American Air Parcel Forwarding Co. v. United States
515 F. Supp. 47 (Court of International Trade, 1981)
United States Steel Corp. v. United States
614 F. Supp. 1241 (Court of International Trade, 1985)
Timken Co. v. United States
666 F. Supp. 1558 (Court of International Trade, 1987)
Ceramica Regiomontana, S.A. v. United States
590 F. Supp. 1260 (Court of International Trade, 1984)
Uniroyal, Inc. v. United States
542 F. Supp. 1026 (Court of International Trade, 1982)
R.J.F. Fabrics, Inc. v. United States
651 F. Supp. 1431 (Court of International Trade, 1986)
American Institute for Imported Steel, Inc. v. United States
600 F. Supp. 204 (Court of International Trade, 1984)
National Juice Products Ass'n v. United States
628 F. Supp. 978 (Court of International Trade, 1986)
S. J. Stile Associates Ltd. v. Snyder
646 F.2d 522 (Customs and Patent Appeals, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
14 Ct. Int'l Trade 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-hand-tool-corp-v-united-states-cit-1990.