Paillard, Inc. v. United States

57 Cust. Ct. 439, 1966 Cust. Ct. LEXIS 1699
CourtUnited States Customs Court
DecidedNovember 29, 1966
DocketC.D. 2833
StatusPublished
Cited by4 cases

This text of 57 Cust. Ct. 439 (Paillard, Inc. 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
Paillard, Inc. v. United States, 57 Cust. Ct. 439, 1966 Cust. Ct. LEXIS 1699 (cusc 1966).

Opinion

Watson, Judge:

The merchandise in the case at bar consists of certain anamorphic lenses and metal adapters which were assessed with duty as entireties at the rate of 35 per centum ad valorem under paragraph 228(b) of the Tariff Act of 1930, as modified by the Torquay Protocol to the General Agreement on Tariffs and Trade, [440]*440T.D. 52789 and T.D. 52820, as “projection lenses.” Plaintiff claims that the anamorphic lenses are properly dutiable at the rate of 21 per centum ad valorem under paragraph 280(d) of the said act, as modified by the Sixth Protocol to the General Agreement on Tariffs and Trade, T.D. 54108, as manufactures wholly or in chief value of glass, not specially provided for. Plaintiff further claims that the metal adapters are properly dutiable at 19 per centum ad valorem under paragraph 397 of the tariff act, as modified by T.D. 54108, supra, as metal articles, not specially provided for, in chief value of iron or steel.

The pertinent provisions of the Tariff Act of 1980 are as follows:

Paragraph 228(b), as modified, supra,:
Mirrors for optical purposes, projection lenses, sextants, and octants, finished or unfinished, not specially provided for-35% ad val.
Paragraph 230(d), as modified, supra:
All glass, manufactures of glass, or of which glass is the component of chief value, not specially provided for (except broken glass or glass waste fit only for reman-ufacture and pressed wares)_21% ad val.
Paragraph 897, as modified, supra:
Articles or wares not specially provided for, whether partly or wholly manufactured:
* * * * * * *
Composed wholly or in chief value of iron, steel, copper, brass, nickel, pewter, zinc, aluminum, or other base metal (except lead), but not plated with platinum, gold, or silver, or colored with gold lacquer:
& # >!i $
Not wholly or in chief value of tin or tin plate:
Other, composed wholly or in chief value of iron, steel, brass, bronze, zinc, or aluminum (except * * *)_19% ad val.

Plaintiff introduced in evidence two exhibits. Plaintiff’s exhibit 1 is an illustration of the imported merchandise. Plaintiff’s lens is marked with the letter “A.” The adapter to hold it in front of a camera is marked with the letter “B.” Plaintiff’s exhibit 2 is an illustration of an anamorphic lens and adapter for use with a projector.

The case was submitted on an agreed stipulation of facts, the pertinent part of which is as follows:

5. That the imported anamorphic lenses are mounted lenses which have been ground in such a manner as to permit the photographing and projecting of “wire screen films.” They are used in conjunction with standard or telephoto photographic lenses and standard projec[441]*441tion lenses. The imported adapters are attached to the front of motion picture cameras which are equipped with turret openings. The anamorphic lens, when used with cameras, is secured to the adapter, held in front of the standard lens, and after alignment is ready for operation. The lens thus formed, consisting of the imported anamorphic lens and the standard camera lens, compresses the light into the film without distortion, loss of sharpness, or loss of brightness in such a manner as to produce a wide screen view having a two to one, width to height, picture ratio, the projection of which does not require a special curved screen. With different adapters, the imported anamorphic lenses are used with projectors, the lens formed by the anamorphic lens functioning in conjunction with the standard projection lens enabling undistorted projection of the wide screen film view.
6. That the imported 'anamorphic lenses do not replace standard photographic lenses when used with cameras, and do not replace standard projection lenses when used with projectors. The imported anamorphic lenses will not produce undistorted images, either on film or on a projection screen when used by themselves, and are not so used.
7. That the imported anamorphic lenses and other similar anamorphic lenses were, on or about May 5, 1959 and March 16, 1960, used more often with projectors than with cameras and were used for no other purpose.
8. That when attached to a camera, an anamorphic lens is essential to the camera’s function in producing wide screen film. When attached to a projector, the anamorphic lens is essential to the projector’s function of producing a wide screen projection.
9. That the adapters at issue are in chief value of steel and are not plated with platinum, gold or silver, or colored with gold lacquer.
10. That the component material of chief value of the anamorphic lenses at issue is either glass or steel.

The defendant in the case at bar conceded error in the collector’s treatment of the involved anamorphic lenses and adapters as entireties and agrees that the two articles are, as contended by the plaintiff, separately classifiable and dutiable. With respect to protest 62/11014, entry 987800, it appears that the appraiser did not return separate values for the lenses and adapters, but appraised the two articles there involved together as an entirety at Swiss franks 218, plus packing. Under such circumstances, the appraisement in question is void. Accordingly, protest 62/11014 should be dismissed as premature, and the matter should be remanded to a single judge for determination of the values of the two articles involved, pursuant to 28 U.S.C., section 2636(d). See, John P. Herber & Co., Inc. v. United States, 30 Cust. Ct. 193, C.D. 1519; and United States v. William Heyer, 31 CCPA 111, C.A.D. 259.

With respect to protest 62/11794, entry 970998, it appears that the appraiser did return separate values for the 'anamorphic lenses and the adapters, the articles having been entered at separate values and ap[442]*442praised as entered. Accordingly, the appraisement is not void; the protest is not premature; and no remand is required.

Plaintiff, in support of its contention that the involved anamorphic lenses are not properly classifiable under paragraph 228(b) of the tariff act as “projection lenses,” directs our attention to the holding of this court in the case of Unimark Photo, Inc. v. United States, 47 Cust. Ct. 75, C.D. 2283. The merchandise there involved, consisted of certain 8-millimeter and 16-millimeter motion picture cameras which, at the time of importation, had certain attachments permanently installed therein or attached thereto. A standard or prime Jens with standard viewfinder was built into the body of the camera. Firmly attached thereto was a turret, to which were fitted wide-angle and telephoto viewfinder adaptors, with a wide-angle lens and a telephoto lens. Except for the wide-angle lens and the telephoto lens, the merchandise there imported was assessed with duty at the rate of 15 per centum ad valorem under the provision in paragraph 1551 of the Tariff Act of 1930, as modified, for motion-picture cameras and parts thereof, not specially provided for. In the Unimark

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Cite This Page — Counsel Stack

Bluebook (online)
57 Cust. Ct. 439, 1966 Cust. Ct. LEXIS 1699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paillard-inc-v-united-states-cusc-1966.