Rollix Bearing, Inc. v. United States

15 Ct. Int'l Trade 11, 757 F. Supp. 1412, 15 C.I.T. 11, 13 I.T.R.D. (BNA) 1012, 1991 Ct. Intl. Trade LEXIS 4
CourtUnited States Court of International Trade
DecidedJanuary 24, 1991
DocketCourt No. 85-11-01575
StatusPublished
Cited by2 cases

This text of 15 Ct. Int'l Trade 11 (Rollix Bearing, Inc. 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
Rollix Bearing, Inc. v. United States, 15 Ct. Int'l Trade 11, 757 F. Supp. 1412, 15 C.I.T. 11, 13 I.T.R.D. (BNA) 1012, 1991 Ct. Intl. Trade LEXIS 4 (cit 1991).

Opinion

Opinion and Judgment

Carman, Judge:

Plaintiff, Rollix Bearing, Inc. (“Rollix”) contests the classification and liquidation of its merchandise, geared slewing rings, pursuant to section 514, of the Tariff Act of 1930, as amended, 19 U.S.C. § 1514 (1982). The United States Customs Service (“Customs”) denied the protest pursuant to 19 U.S.C. § 1515(a) (1982), and a summons was timely filed. This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1581(a) (1982). After careful examination of the evidence presented at trial, the arguments of the parties, the tariff schedules, the [12]*12case law, and other relevant authorities, this Court holds that the United States Customs Service improperly classified the subject merchandise as machinery parts not containing electrical features and not specially provided for as item 681.39, Tariff Schedules of the United States (“TSUS”) (1983), dutiable at the rate of 7.6% ad valorem, and finds the correct classification to be TSUS item 680.49 (1983) as parts of fixed ratio speed changers, dutiable at the rate of 3.5% ad valorem.

Background

The issue presented in this case pertains to the proper classification for customs duty purposes of geared slewing rings imported by Rollix Bearing, Inc., now Defontaine, Inc., from France into the United States. As demonstrated at trial by the samples in evidence, the main components of the merchandise consist of an inner and outer ring, one of which has gear teeth, and bearing elements, such as ball rings or cylindrical rollers.

Initially, the geared slewing rings were classified by Customs under TSUS item 657.25 as articles of iron or steel, not coated or plated with precious metal. Rollix protested Customs’ initial determination. Customs, in a decision on application for further review of the protest, ultimately determined that the merchandise should have been classified under TSUS item 681.39 as machinery parts not containing electrical features and not specially provided for based on the reasoning that TSUS item 681.39 is more specific than TSUS item 657.25. Post-Trial Brief for the United States, Defendant at 20 (“Defendant’s Brief”). Because the rate of duty required under TSUS item 681.39 was the same as that required under TSUS item 657.25, Customs denied the protest in full.

Subsequent to Customs’ reclassification of geared slewing rings, the defendant submitted two alternative classifications in a counter claim which was dismissed by this Court. The defendant advances two alternative classifications to the classifications made by Customs which are TSUS item 680.37 as ball bearings and parts thereof and TSUS item 680.39 as other bearings.

Rollix brought this action and contends that the merchandise is properly classifiable under TSUS item 680.49 as parts of fixed ratio speed changers.

Contention of the Parties

Plaintiff contends that its merchandise, geared slewing rings, should be reclassified as parts of a fixed ratio speed reducer, a kind of speed changer that operates in fixed ratios, under TSUS item 680.49, because TSUS item 680.49 more specifically describes the geared slewing ring than does Customs’ classification TSUS item 681.39. In addition, because Customs has submitted an alternative claim, plaintiff argues that Customs should no longer have the benefit of presumption of correctness, as applied in the holding of Jarvis Clark Co. v. United States, 2 Fed. Cir. (T) 70, 75, 733 F.2d 873, 878, reh’g denied, 2 Fed. Cir. (T) 97, 739 [13]*13F.2d 628 (1984). Finally, plaintiff contends that the Brussels Tariff Nomenclature is applicable to its TSUS classification under TSUS item 680.49.

Defendant contends that the geared slewing rings at issue should be properly classified under TSUS item 681.39 as machinery parts not containing electrical features and not specially provided for. Defendant further contends that the Brussels Tariff Nomenclature does not support plaintiffs classification under TSUS item 680.49.

In the alternative, defendant suggests that the geared slewing rings at issue could be properly classified under either TSUS item 680.37 as ball bearings or TSUS item 680.39 as other bearings.

Discussion

Presumption of Correctness

A presumption of correctness exists in favor of Customs’ classification of an imported product and the burden of proof rests upon the party challenging the classification. 28 U.S.C. § 2639(a)(1) (1982); Jarvis Clark, 2 Fed. Cir. (T) at 75, 733 F.2d at 878. This presumption of correctness pertains not only to Customs’ final classification, but also to every element necessary to support that determination. United States v. New York Merchandise Co., Inc., 58 CCPA53,58, C.A.D. 1004, 435 F.2d 1315, 1318 (1970); Schott Optical Glass, Inc. v. United States, 82 Cust. Ct. 11, 15, C.D. 4783, 468 F. Supp. 1318, 1320, aff’d, 67 CCPA 32, C.A.D. 1239, 612 F.2d 1283 (1979). In order to determine whether Customs’ classification is correct, this Court must consider Customs’ classification both independently and in comparison with the plaintiffs alternatives. Jarvis Clark, 2 Fed. Cir. (T) at 75, 733 F.2d at 878.

The presumption of correctness pertains to Customs’ final classification. United States v. New York Merchandise Co., Inc., 58 CCPA 53, 58, C.A.D. 1004, 435 F.2d 1315, 1318 (1970). Defendant agrees that the final classification decision of the Customs Service was that the merchandise was properly classified under TSUS item 681.39. Therefore, a presumption of correctness attaches to Customs’ classification of the subject merchandise under TSUS item 681.39 as machinery parts not containing electrical features and not specially provided for, and the plaintiff carries the burden of proving that this classification is not correct.

As to the government’s alternative classifications, TSUS items 680.37 and 680.39, there is no presumption of correctness. In J.M. Rodgers Co., Inc. v. United States, 59 Cust. Ct. 91, C.D. 3084 (1967), the court rejected the government’s alternate claims by stating:

Where defendant asserts a claim in defense, different from the liquidation classification, the burden is on defendant to prove it. The presumption of correctness* * * does not extend to a new claim urged by defendant, [citations omitted.] It is no part of plaintiffs case to meet every possible unsupported classification defendant can think of.

Id. at 95.

[14]*14This Court finds that plaintiff has overcome the presumption of correctness attached to Customs’ classification under TSUS item 681.39.

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

Related

Midwest of Cannon Falls Inc. v. United States
20 Ct. Int'l Trade 123 (Court of International Trade, 1996)
Medline Industries, Inc. v. United States
18 Ct. Int'l Trade 544 (Court of International Trade, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
15 Ct. Int'l Trade 11, 757 F. Supp. 1412, 15 C.I.T. 11, 13 I.T.R.D. (BNA) 1012, 1991 Ct. Intl. Trade LEXIS 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rollix-bearing-inc-v-united-states-cit-1991.