Ross Machine & Mill Supply, Inc. v. United States

69 Cust. Ct. 160, 1972 Cust. Ct. LEXIS 2468
CourtUnited States Customs Court
DecidedNovember 15, 1972
DocketC.D. 4389
StatusPublished

This text of 69 Cust. Ct. 160 (Ross Machine & Mill Supply, 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
Ross Machine & Mill Supply, Inc. v. United States, 69 Cust. Ct. 160, 1972 Cust. Ct. LEXIS 2468 (cusc 1972).

Opinion

Foed, Judge:

The cases listed in schedule “A,” annexed hereto and made a part hereof, consolidated for the purpose of trial, involve the proper classification of various importations of chilled cast-iron roll bodies. In four of the entries,1 the merchandise was classified under item 666.25, Tariff Schedules of the United States, and assessed with duty at the rate of 11.5 per centum ad valorem. The same type of [161]*161merchandise in the remaining three entries2 was classified under item 680.90, Tariff Schedules of the United States, and assessed with duty at the rate of 19 per centum ad valorem.

It is the contention of plaintiffs that all of the merchandise is properly subject to duty at the rate of 3 per centum ad valorem under item 680.60, Tariff Schedules of the United States. This provision was added to the Tariff Schedules of the United States by virtue of section 48 (b) of the Tariff Schedules Technical Amendments Act of 1965, Public Law 89-241, 100 Treas. Dec. 661, T.D. 56511. This provision was originally enacted as item 680.58 but was redesignated item 680.60 by the Automotive Products Act of 1965, Public Law 89-283,100 Treas. Dec. 845, T.D. 56540.

Pursuant to the provisions of section 2 (b) of the Tariff Schedules Technical Amendments Act, supra, requests were timely filed with customs at Duluth, Minnesota, seeking liquidation of the unliquidated entries and reliquidation of the liquidated entries under item 680.58, supra (redesignated 680.60, supra).

The pertinent Tariff Schedules of the United States provisions involved provide as follows:

Industrial machinery for preparing and manufacturing food or drink, and parts thereof:
Machinery for use in the manufacture of sugar, and parts thereof_ * * * 666.20
Other - 11.5% ad val. 666.25
****** *
Machinery parts not containing electrical features and not specially provided for- 19% ad val. 680.90
Cast-iron (except malleable cast-iron) rollers for machines, not alloyed and not advanced beyond cleaning, and machined only for the removal of fins, gates, sprues, and risers or to permit location in finishing machinery - 3% ad val. 680.60

Section 2 of the Tariff Schedules Technical Amendments Act, supra, provides as follows:

Sec. 2. Effective Date
(a) Except as otherwise provided, the amendments and repeals made by this Act shall apply with respect to articles entered, or withdrawn from warehouse, for consumption after the 60th day after the date of the enactment of this Act.
[162]*162(b) Upon request therefor filed with the collector of customs concerned on or before the 120th day after the date of the enactment of this Act, the entry or withdrawal of any article—
(1) which was made after August 30,1963, and before the 61st day after the date of the enactment of this Act, and
(2) with respect to which the amount of duty would be smaller if the amendments and repeals made by this Act (other than the amendments made by sections 28(a), 53(a), 78(a) and (b), and 87(a)) applied to such entry or withdrawal,
shall, notwithstanding the provisions of section 514 of the Tariff Act of 1930 or any other provision of law, be liquidated or reliqui-dated as though such entry or withdrawal had been made on the 61st day after the date of the enactment of this Act.

The record herein consists of the testimony of four witnesses called on behalf of plaintiffs and two called on behalf of defendant. The official papers were received in evidence without being marked and plaintiffs introduced 39 exhibits, 34 of which were received in evidence. Defendant introduced eight exhibits in evidence but withdrew exhibit A. In addition, counsel for the respective parties stipulated that the cast-iron roll bodies the subject of this case are made of nonmalleable cast iron and in their condition as imported, the roll bodies are ready for the insertion of j ournals.

Mr. Allan Burke, managing director of the manufacturer and a professional chartered engineer, testified as to the manufacture of the chilled iron roll bodies manufactured by his company. The witness was familiar with the method of manufacture having at one time been manager of the chilled iron roll shop. He testified that the roll bodies involved are oast iron made of nonalloyed material under both the British standard specifications and the definition in Schedule 6, Part 2, Subpart B, Headnote 2(h) of the Tariff Schedules of the United States. Under his supervision, tests were made of the materials used in the production of roll bodies to insure that the components were as stated on the invoice.

The roll bodies manufactured by his company were made by a process known in the trade as the “Static Chill Method” which is considerably different from the centrifugal method. The former method is used because, based upon his experience, it gives more endurance in use. The major differences between the two methods are that the molds in the static method are vertical while in the centrifugal method they are horizontal, and in the former the metal is melted and poured from a cupola into a ladle and then fed into a mold while in the latter, an electric furnace is used. The amount of loss in the metal poured between the two methods is considerable. In the centrifugal method, 90 percent of the metal poured is utilized while only 40 percent is utilized in the static method.

[163]*163After describing tbe casting process, Mr. Burke then testified as to what was done to the casting. Due to the heavy weight of the roll, the process of manufacture is to have a head and tail on the roll of approximately 12 inches cut off to get the proper access to clean the belly core from the center of the roll. The carbon inclusions which are picked up on the face of the roll are removed. The roll is put on a lathe to remove the sand inclusions. This is done to insure the roll is free from porosity. The roll is then placed on a “V” block on a small boring machine to clean out both ends to make locations for placement in the rough turning lathes. After the heads and tails are removed, the belly core, which is composed of sand core, is exposed and then it is removed by a metal bar. The rolls are then placed under water pressure and the loose sand is cleared from the core.

The next process was described by Burke as follows:

A. We now have to get rid of the broken area shown on Exhibit 7 in order to leave a clear face for any use which Ross will make of the roll and also to ascertain for ourselves whether we have porous free iron in the bore of the roll. This is vital because the gudgeons which are fitted into either end of the roll and drive it in the machine in severe pressures of 25 and 30,000' pounds have no other means of staying in the roll other than the final fit of the steel to the iron bore. If there is bad porosity or any porosity in that roll, the roll is scrap. We do not ship rolls in this condition.
Q. You use the word “gudgeons.” Do we have a word that we use more frequently in the United States? — A. I believe the word “journal” is more widely used in the United States.

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Cite This Page — Counsel Stack

Bluebook (online)
69 Cust. Ct. 160, 1972 Cust. Ct. LEXIS 2468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ross-machine-mill-supply-inc-v-united-states-cusc-1972.