Rambush Decorating Co. v. United States

45 Cust. Ct. 91
CourtUnited States Customs Court
DecidedOctober 4, 1960
DocketC.D. 2204
StatusPublished

This text of 45 Cust. Ct. 91 (Rambush Decorating 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
Rambush Decorating Co. v. United States, 45 Cust. Ct. 91 (cusc 1960).

Opinion

Mollison, Judge:

The merchandise the subject of this protest is described on the invoice as a “Reredos” and was assessed with duty at the rate of 25 per centum ad valorem under the provision in paragraph 232(d) of the Tariff Act of 1930, as modified by T.D. 51802, for—

Marble, breccia, and onyx, wholly or partly manufactured into monuments, benches, vases, and other articles, and articles of which these substances or any of them is the component material of chief value, not specially provided for.

The protest claim is for free entry of the reredos under the provision in paragraph 1774 of the same act, as amended by the act of June 12, 1952,66 Stat. 137, for—

[92]*92Altars, pulpits, communion tables, baptismal fonts, sbrines, or parts of any of tbe foregoing, and statuary (except casts of plaster of paris, or of compositions of paper or papier-mdcbd), imported in good faitb for tbe use of, either by order of or for presentation (without charge) to, any corporation or association organized and operated exclusively for religious purposes.

There is no issue on the matter of the reredos at bar having been imported in good faith for the use of, either by order of or for presentation without charge to, a corporation or association organized and operated exclusively for religious purposes. Plaintiffs’ position is that the reredos at bar is a part of an altar or of a shrine within the meaning of paragraph 1774, sufra, while defendant contends that it is not.

The evidence consists of the oral testimony of the man who planned and installed the entire high altar assembly, including the subject reredos, in the Eoman Catholic Cathedral of St. Raphael in Madison, Wis., and a photograph of the installation received in evidence as plaintiffs’ illustrative exhibit 1.

From an examination of the record and of illustrative exhibit 1, the reredos at bar appears to be a decorative, wall-like affair, made of marble, in the center of which there is a large mosiac panel depicting a religious scene.

The photograph shows that the complete installation consists of (1) what is known as a predella, or altar steps culminating in a raised platform, (2) what has been termed the “altar proper,” (3) the reredos, and (4) a large rectangular canopy, called a baldachino, which is supported high over the already described portions of the assembly by two long columns in the front and in the back by brackets which are attached to the upper part of the reredos. Some parts of the installation were imported, while others were made domestically. The present case involves only the dutiable status of the reredos.

The altar proper is located approximately in the center of the predella and consists of a table-like structure resting on four columns or legs and what appears to be a block of light-colored marble in the center, together with a rectangular structure of dark, mottled marble immediately behind the table, and on which candlesticks, a tabernacle, and other altar appurtenances are shown in the photograph.

The reredos rests on the rear of the predella, 30 inches behind the altar proper. Between the altar proper and the reredos, there is a platform with steps going down either way, and, while the purpose of this platform was not explained in the record, it is probable that it is used when the altar furnishings are being serviced or replaced.

Although the record is not very clear on the point, it does not appear that the reredos is attached to or forms any part of the rear wall of the sanctuary or of the cathedral. In other words, it appears to be resting on its own base at the rear part of the predella. Aside from [93]*93its decorative function, it forms the rear support of the canopy or baldachino.

The altar in connection with which the reredos was imported is the high altar of the cathedral in which it was installed. There does not appear to be any dispute but that a reredos is not, from a liturgical standpoint, an essential part of an altar under the laws of the Roman Catholic Church, that is to say, the ceremonies prescribed by that Church to take place at or before an altar may be performed at or before an altar which does not have a reredos. However, it does appear that, according to the laws of that Church, a high altar must have a canopy or baldachino in order to be complete.

The testimony of the designer and installer of the entire-assembly is that he planned the canopy to rest on the reredos and on the two columns, for which reason the reredos was essential to the completion of the design.

The question of what are parts of altars or shrines, which, in turn, is bound up in the question of what are altars or shrines, has been before this and our appellate court many times. It was pointed out by the predecessor of our appellate court in Daprato Statuary Co. v. United States, 16 Ct. Cust. Appls. 233, 235, T.D. 42840, that those terms had both broad and narrow senses, but the court concluded that—

* * * the terms “altar” and “shrine” were used by Congress in a restricted and strictly religious sense.

The phrase, “in a restricted and strictly religious sense,” could, of course, be interpreted as limiting altars and shrines in a tariff sense to those which were such by the laws of the churches or sects in whose behalf importations might be made.

However, in a later case, involving a different importation, viz, Daprato Statuary Co. v. United States, 26 C.C.P.A. (Customs) 173, 178, C.A.D. 13, our appellate court indicated that this was not so, saying:

The question before us, however, is not what constitutes an altar from a canonical point of view, but rather whether the reredos, of which the involved articles are constituent parts, is an integral, constituent, or component part of an altar in a tariff sense; * * *.

With these observations in mind, in a comparatively recent case, Bernardini Studios v. United States, 39 Cust. Ct. 281, C.D. 1942, involving an importation of a reredos claimed to be part of an altar, we said:

It has been pointed out in past decisions that the question is not what in a canonical or liturgical sense is an altar. Congress presumably used the term in the common acceptation thereof. Viewed in that light, we think it is a matter of common knowledge that when an ordinary person, whether he be a visitor, communicant, or member of the congregation, enters a church, synagogue, tern-[94]*94pie, or other edifice of a religious nature where an altar may be found, and views the structure which is generally raised and is the central or focal point for the services conducted in that place, he regards the entire ensemble of what he sees as an altar. The rather technical points of whether the parts of the entity bear individual names, such as predella, table, retable, or reredos, as in this case, are known to comparatively few persons, other than ecclesiastical experts, and certainly are not part of the common knowledge or speech of the average layman.

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Related

Daprato Statuary Co. v. United States
16 Ct. Cust. 233 (Customs and Patent Appeals, 1928)
Berg Importing Co. v. United States
32 Cust. Ct. 210 (U.S. Customs Court, 1954)
Bernardini Studios v. United States
39 Cust. Ct. 281 (U.S. Customs Court, 1957)

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Bluebook (online)
45 Cust. Ct. 91, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rambush-decorating-co-v-united-states-cusc-1960.