Sears Roebuck & Co. v. United States

22 F.3d 1082, 1994 WL 117185
CourtCourt of Appeals for the Federal Circuit
DecidedJune 1, 1994
Docket93-1061
StatusPublished
Cited by22 cases

This text of 22 F.3d 1082 (Sears Roebuck & Co. v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sears Roebuck & Co. v. United States, 22 F.3d 1082, 1994 WL 117185 (Fed. Cir. 1994).

Opinion

NIES, Circuit Judge.

The United States appeals from the judgment of the Court of International Trade holding that the merchandise imported by Sears Roebuck and Company, invoiced as “color video sound camera[s] (video camera & recorder)” and commonly known as “camcorders,” is properly classified under item 685.40 of the Tariff Schedules of the United States (TSUS), covering “tape recorders.” The government argues that the merchandise is properly classified under item 685.49 TSUS as a combination article consisting of a television camera and tape recorder. We agree and, accordingly, we reverse.

I.

Sears is an importer of camcorders, versatile, portable cameras which are able to record scenes and sound on video tape cassettes. The United States Customs Service (Customs) initially classified the camcorders under item 685.49 of the TSUS as a combination article consisting of a television camera and tape recorder. 1 Sears challenged this classification before the Court of Internation *1084 al Trade on the grounds that the devices contained neither a television camera nor a tape recorder as those tariff items were commonly known at the time TSUS 685.49 was enacted in 1962. 2 In its initial decision, Sears Roebuck and Co. v. United States, 790 F.Supp. 299 (Ct. Int’l Trade 1992), the court held that the camera in the camcorder was not a “television” camera. The court reasoned that television cameras must be used in connection with television broadcast transmission apparatus for transmitting electrical waves over a distance. Because the court concluded that camcorders were not designed for this purpose, but instead to replace home movie cameras, it held that Customs erred in classifying the goods under TSUS 685.49. The matter was remanded to Customs for a second determination. Id. at 302.

On remand, Customs classified the camcorders under TSUS 685.40 as “tape recorders.” 3 On return of the matter to the trial court, neither party supported that classification. Sears advised the court, however, it would not challenge the classification because the tariff rate was no higher than its preferred classification, as an “electrical article not specifically provided for” under TSUS 688.42. The government continued to urge its original classification and insisted that camcorders were more than “tape recorders.”

In its second decision concerning this dispute, the court upheld the classification of camcorders as “tape recorders.” Sears Roebuck and Co. v. United States, No. 92-148, slip op. at 3,1992 WL 220838 (Ct. Int’l Trade Aug. 28, 1992). The court reasoned that the existence of TSUS 724.12, a provision specifically recognizing “magnetic video tape,” indicated congressional awareness that images could be recorded on tape. The court also held that classification was governed by the camcorder’s primary purpose — “to produce a tape of what appears before the lens” — and not by its subordinate capabilities, such as five monitoring without recording. Based on these conclusions, the court held that Congress intended camcorders to fall under the “tape recorders” provision. Id. at 4. The government appeals.

II.

We initially note Sears’ contention that the United States may not assert in this appeal that the classification of camcorders as “tape recorders” is improper. According to Sears, because Customs submitted the tape recorder classification to the trial court following remand, the United States should not now be permitted to attack this classification before this Court. We disagree.

A party may challenge an interlocutory decision of a trial court on appeal from the final judgment. Flanagan v. United States, 465 U.S. 259, 263, 104 S.Ct. 1051, 1053-54, 79 L.Ed.2d 288 (1984). As explained below, the prior decision of the trial court remanding the case was interlocutory and not appealable. Thus, this appeal provides the government’s first opportunity to challenge an initial decision which rejected the TSUS 685.49 classification.

Under 28 U.S.C. § 1295(a)(5), an appeal may be taken only from “a final decision of the United States Court of International Trade.” 4 Except in unusual circumstances, *1085 a remand to Customs does not meet the requirement of finality and thus is not ap-pealable. See Cabot Corp. v. United States, 788 F.2d 1539, 1542 (Fed.Cir.1986). To determine “whether an order is final enough to be appealable,” Heat & Control, Inc. v. Hester Indus., Inc., 785 F.2d 1017, 1020 (Fed.Cir.1986), we must examine the standard set forth in Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). As later described in Coopers & Lybrand v. Livesay, 437 U.S. 463, 468, 98 S.Ct. 2454, 2457-58, 57 L.Ed.2d 351 (1978), the Cohen test requires that an appealable order meet three conditions:

[T]he order must conclusively determine the disputed question, resolve an important issue completely separate from the merits of the action, and be effectively unreviewable on appeal from a final judgment.

See also Sullivan v. Finkelstein, 496 U.S. 617, 110 S.Ct. 2658, 110 L.Ed.2d 563 (1990); Travelstead v. Derwinski, 978 F.2d 1244 (Fed.Cir.1992).

These standards were not met by the remand order of the trial court in this case. The remand order effectively left the camcorders unclassified, an issue which goes to the heart of the merits of this action. As the United States could not have mounted an appeal from the remand order of the trial court, its arguments are properly addressed by this Court on this appeal.

Such a holding comports with 28 U.S.C. § 2643(b), which empowers the Court of International Trade to employ a number of different mechanisms when determining the proper classification of merchandise under the customs laws, including examining the law on its own initiative, remanding the matter to Customs, and scheduling a retrial. See Jarvis Clark Co. v. United States, 733 F.2d 873 (Fed.Cir.1984).

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

Related

Untitled Case
D. Arizona, 2026
Untitled Case
W.D. Washington, 2026
Strawn v. Sokoloff
E.D. California, 2025
Sehring v. Smith
D. Arizona, 2024
(PC)Pryer v. Bott
E.D. California, 2023
Cooper v. Unknown Party
D. Arizona, 2022
Boshears v. PeopleConnect Inc
W.D. Washington, 2022
Pierson v. USAA
W.D. Washington, 2021
Tai-Ao Aluminium (Taishan) Co. v. United States
983 F.3d 487 (Federal Circuit, 2020)
Celece v. Dunn School
C.D. California, 2020
Doe v. McAleenan
N.D. California, 2020
EOS of North America, Inc. v. United States
911 F. Supp. 2d 1311 (Court of International Trade, 2013)
Victoria's Secret Direct, LLC v. United States
908 F. Supp. 2d 1332 (Court of International Trade, 2013)
Zomax Optical Media, Inc. v. United States
366 F. Supp. 2d 1326 (Court of International Trade, 2005)
Save Domestic Oil, Inc. v. United States
18 F. App'x 819 (Federal Circuit, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
22 F.3d 1082, 1994 WL 117185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sears-roebuck-co-v-united-states-cafc-1994.