Rohr Industries, Inc. v. United States

83 Cust. Ct. 90, 1979 Cust. Ct. LEXIS 1140
CourtUnited States Customs Court
DecidedOctober 5, 1979
DocketC.D. 4824; Court No. 76-8-01939
StatusPublished

This text of 83 Cust. Ct. 90 (Rohr Industries, 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
Rohr Industries, Inc. v. United States, 83 Cust. Ct. 90, 1979 Cust. Ct. LEXIS 1140 (cusc 1979).

Opinion

Ford, Judge:

Plaintiff imported certain turbotransmissions, designated as Yoith L 411 brU, for incorporation in turboliner trains operated by Amtrak. The merchandise was classified by Customs upon liquidation as “Other speed changers” under item 680.47, TSUS, as modified by T.D. 68-9, and assessed with duty at $1.12 each plus 17.5 per centum ad valorem.

Plaintiff contends the classification is erroneous and that said merchandise is properly subject to classification as “Torque converters” as provided for in item 680.52, TSUS, as modified by T.D. 68-9, and as such subject to duty at 4.5 per centum ad valorem. This is based upon the premise that the principal purpose of the transmission is its operation as a torque converter. Alternatively, plaintiff contends if the court finds the transmissions do not have a principal purpose, then by virtue of headnote 2, part 4, schedule 6, they should be subject to classification as a “machine not specially provided for” under item 678.50, TSUS, as modified by T.D. 68-9, which provides for duty at the rate of 5 per centum ad valorem. If, however, the court finds neither of the above are applicable, plaintiff asserts the proper classification is under item 690.40, TSUS, as modified by T.D. 68-9, as other parts of self-propelled rail vehicles and as such dutiable at 5.5 per centum ad valorem. Defendant agrees with the latter conten[92]*92tion if the court finds the classification to be erroneous and the other claims not to apply since item 690.40 is more specific than item 678.50.

The pertinent statutory provisions are as follows:

Schedule 6. — Metals and Metal Products
*******
PART 4.-MACHINERY AND MECHANICAL EQUIPMENT
Part 4 headnotes:
*******
2. Unless the context requires otherwise, and subject to headnote 1 to subpart A of this part, a multipurpose machine is classifiable according to its principal purpose, but if such a machine is not described in a superior tariff heading as to its principal purpose, or if it has no one principal purpose, it is classifiable in subpart H of this part as a machine not specially provided for.
*******
Subpart H. — Other Machines
* * * * * * *

parts thereof_ 5% ad val.

*******
Subpart J. — Parts of Machines
*******
Gear boxes and other speed changers with fixed, multiple, or variable ratios; pulleys, pillow blocks, and shaft couplings; torque converters; chain sprockets; clutches; and universal joints; all the foregoing (except parts of agricultural or horticultural machinery and implements provided for in item 666.00 and parts of motor vehicles, aircraft, and bicycles) and parts thereof:
Gear boxes and other speed changers, and parts thereof:
*******

680.47 Other speed changers_ $1.12 each-)-

17.5% ad val.

*******

680.52 Torque converters, and parts thereof. 4.5% ad val.

*******
PART 6. — TRANSPORTATION EQUIPMENT
*******
Subpart A. — Rail Locomotives and Rolling Stock

[93]*93690.10 Self-propelled rail vehicles designed to

carry passengers or articles_ * * *

Parts of the foregoing articles:

Other:

690.40 Other_ 5.5% ad val.

The record consists of the testimony of four witnesses called by plaintiff and one on behalf of the defendant. Six exhibits were received in evidence for plaintiff and four on behalf of the defendant.

Mr. James A. Sieglitz, a customs coordinator for the plaintiff, testified that his duties consisted of reviewing contracts relating to importations and exportations of his company. The witness was familiar with L 411 brU turbotransmissions which were incorporated in the Amtrak turboliners manufactured by his company. Mr. Sieglitz identified a cutaway of one of the two power cars which, together with three other cars, make up a train set. It was received in evidence as plaintiff’s exhibit 1. The transmission portion of the exhibit is circled in red.

Plaintiff thereafter called Mr. Wolfgang Paetzold, a well-qualified engineer for Yoith Getriebe KG, the manufacturer of the Voith turbotransmission. Mr. Paetzold received an engineering degree from the University of Dresden. The Yoith company, according to the witness, is a manufacturer of water turbines, paper machines and transmissions. He was familiar with the turbotransmission involved since in the 1960’s there was a demand for high-speed railcars. Mr. Paetzold delivered the parameters of the transmission to the design department of Yoith.

The witness identified exhibit 2 as a cross-section view which schematically depicts the transmission. One “X” was placed on exhibit 2 to identify the torque converter, two “X’s” were placed on the exhibit which identified the fluid coupling, and three “X’s” were placed on the exhibit to identify the hydrodynamic brake.

The turbotransmission, according to Mr. Paetzold, is a special railway transmission designed specially for propelling railcars and interacting with a gas turbine. In the opinion of the witness, the train could not operate without the turbotransmission. The witness was further of the opinion that said transmission was a machine. In addition to the type of transmission involved, mechanical-drive and electrical-drive transmissions are also utilized for railway-propelling systems. In a mechanical drive, the gas turbine is coupled to the wheels by gears which are in constant mesh. In an electrical drive, the gas turbine drives a generator to produce electricity which is supplied to the electric traction motors.

[94]*94Exhibit 3 is a schematic drawing shaded in various colors to show the components. The yellow area encompasses the hydrodynamic brake and its control elements; the green area the torque converter and its control elements; the pink area the fluid coupling; and the orange area the reversing gear mechanism.

The torque converter, the witness stated, is a device which has as its main purpose the multiplying of torque. Torque is the turning effect of the force at the wheel. The force at the wheel of a locomotive is known as the tractive effort. The purpose of the Voith turbotrans-mission is to improve the performance characteristic of the gas turbine with a mechanical drive by multiplying the torque. The mechanical drive, while the simplest, has the disadvantage of generating very low torque at low and medium speeds, and the acceleration is very poor. In addition, it is difficult for a train with a mechanical drive to maintain high speed on a grade due to the limited torque generated by the gas turbine. The turbotransmission exerts its maximum torque at zero speed of the railcar. The torque multiplication factor is approximately 7, which means the torque at zero is seven times higher than the torque at maximum speed.

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

Related

Ideal Toy Corporation v. The United States
433 F.2d 801 (Customs and Patent Appeals, 1970)

Cite This Page — Counsel Stack

Bluebook (online)
83 Cust. Ct. 90, 1979 Cust. Ct. LEXIS 1140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rohr-industries-inc-v-united-states-cusc-1979.