Shackman v. United States

38 Cust. Ct. 30
CourtUnited States Customs Court
DecidedJanuary 17, 1957
DocketC. D. 1839
StatusPublished
Cited by12 cases

This text of 38 Cust. Ct. 30 (Shackman 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
Shackman v. United States, 38 Cust. Ct. 30 (cusc 1957).

Opinion

Wilson, Judge:

The merchandise in the case at bar was classified under paragraph 218 (f) of the Tariff Act of 1930, as modified by the General Agreement on Tariffs and Trade, T. D. 51802, supplemented by Presidential proclamation, T. D. 51898, by similitude, as articles of glass, blown or partly blown in the mold, and assessed with duty at the rate of 50 per centum ad valorem. Plaintiffs claim the merchandise is properly dutiable, by similitude, as articles in chief value of cellulose acetate under paragraph 31 (a) (2), as modified by the General Agreement on Tariffs and Trade, T. D. 51802, at the rate of 20 per centum ad valorem. Alternatively, plaintiffs claim that the involved merchandise is classifiable under the provisions of paragraph 1558 of the tariff act as “articles manufactured, in whole or in part, not specially provided for,” at the rate of 20 per centum ad valorem.

A sample of the merchandise herein, invoiced as “Paper Weights,” was received in evidence as plaintiffs’ collective exhibit 1. The samples in evidence representative of the invoice description are articles in cube form containing water, certain figures, such as a “snowman” etc., and a very fine white powdery substance, which, on shaking, shows the so-called paper weights as simulating a snowstorm. It was stipulated that the articles in question are composed in chief value of a plastic known as polystyrene (E. 10). There was further introduced in evidence, as plaintiffs’ collective illustrative exhibit 2, two samples of watch crystals made of cellulose acetate (E. 17).

Two witnesses testified, both of whom were called by the plaintiffs. The first witness was Mr. Edward Morris, secretary and general manager of B. Shackman & Company, importer of toys, novelties, and giftware. The witness testified that he was familiar with the involved merchandise. He identified plaintiffs’ collective exhibit 1 as representative of the goods here imported.

Plaintiffs’ second witness was Dr. Ernest E. Hanson, director of the plastics division of Foster D. Snell, Inc., chemist and engineer. He had received the degree of doctor of philosophy in chemistry from Northwestern University and, for 20 years, had been employed as chief chemist by the B.akelite Corp. in various manufacturing operations, in which connection he had tested and become familiar with various plastic substances, having had occasion to compare, among others, the characteristics of polystyrene and those of cellulose acetate compounds (E. 14). He had also, in such employment, tested and [32]*32compared the properties of the aforesaid plastic materials with non-plastic materials, such as glass.

Plaintiffs’ witness Hanson testified that he had made a comparison of a polystyrene article, such as plaintiffs’ collective exhibit 1, with the cellulose acetate watch crystals, as represented by plaintiffs’ collective illustrative exhibit 2, for the purpose of comparing "resin properties” (R. 16). He stated that polystyrene is a coal-tar product made from styrene monomer, derived from benzene, which is obtained from coal tar; that the primary constituent of glass is sand; and that cellulose acetate, such as plaintiffs’ collective illustrative exhibit 2, is made from cotton cellulose.

Further explaining the differences between the material, polystyrene, of which the imported merchandise is composed, and glass, plaintiffs’ witness testified that polystyrene is an organic material, whereas glass is made from an inorganic material; polystyrene softens and melts at about 100 degrees centigrade, while glass can be heated up to about 1,000 degrees centigrade; polystyrene, unlike glass, burns; polystyrene is not as hard and brittle as glass. Both materials are alike, in that they are transparent (R. 25-28).

Testifying as to the properties of cellulose acetate and the material, polystyrene, plaintiffs’ witness stated that the two materials belong to the family of thermoplastic materials and, thus, can be heated, put into an injection molding machine, and formed into various types of articles. He further stated that cellulose acetate, unlike glass, is an extremely tough material, will burn, and is resistant to breakage. The witness then concluded by stating that, based upon the properties described, the material in plaintiffs’ collective exhibit 1 more closely resembles the material, cellulose acetate, rather than the material, glass (R. 30); that, “assuming” an article like collective exhibit 1 in form, but composed of glass, and an article like collective exhibit 1 in form, but composed of cellulose acetate like collective illustrative exhibit 2, the two exhibits, plaintiffs’ collective exhibit 1 and plaintiffs’ collective illustrative exhibit 2 "would look alike” (R. 32).

With respect to the texture of polystyrene and that of cellulose acetate, plaintiffs’ witness testified that they are similar in texture, because of the “feel” of the materials and their general molding characteristics; that, with respect to elasticity, they are different, in that the acetate is more elastic than polystyrene, but that both polystyrene and cellulose acetate have more elasticity than glass (R. 33-35).

On cross-examination, plaintiffs’ witness Hanson testified that he had not seen an article like plaintiffs’ collective exhibit 1 made of glass, nor had he seen such an article made of cellulose acetate. He stated that his answers, heretofore given, in comparing articles of glass and those made of cellulose acetate, were “strictly on a hypothetical basis” (R. 35). He further testified that the feel of the plastics [33]*33and glass would depend on the temperature of the room and agreed that “that would be no valid distinction between glass and cellulose acetate or any other plastic”; that the comparison made by him between cellulose acetate and polystyrene would apply to the whole field of plastics, in that all the thermoplastics, such as cellulose acetate and polystyrene, are organic; that they would burn, would distort when subjected to heat, and that all have varying toughness. The witness stated that, chemically, the comparison between polystyrene and cellulose acetate is that “they are carbon and hydrogen atoms” (R. 37). He agreed, however, that wood and, for that matter, most of the plastics are of carbon and hydrogen composition. Further, plaintiffs’ witness qualified previous testimony given that, when glass breaks, the splinters cut readily, stating that not all glass will give splinters when it shatters (R. 38).

The record in this case fails to establish that the component of the imported merchandise, polystyrene, is similar either in material, quality, texture, or use to the material, cellulose acetate. Polystyrene is a coal-tar product, whereas cellulose acetate is made from cotton cellulose. These materials are likewise different in quality. Further, as to texture, the only similarity claimed is that both materials are alike in appearance. With respect to the use of polystyrene and that of cellulose acetate, both materials exhibit only the characteristics which are common to all plastics.

The fact that polystyrene, the substance of which the imported articles are composed in chief value, and the material, cellulose acetate, are both members of the plastic family, as indicated by the testimony, heretofore referred to, is not decisive in the determination of the merchandise under consideration. Rolls Razor, Inc. v. United States, 6 Cust. Ct. 271, C. D. 480.

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

Related

Dynamic Imports, Inc. v. United States
62 Cust. Ct. 53 (U.S. Customs Court, 1969)
National Silver Co. v. United States
56 Cust. Ct. 401 (U.S. Customs Court, 1966)
Beauti-Vue Products Co. v. United States
55 Cust. Ct. 282 (U.S. Customs Court, 1965)
Ace Importing Co. v. United States
50 Cust. Ct. 226 (U.S. Customs Court, 1963)
S. S. Kresge Co. v. United States
46 C.C.P.A. 100 (Customs and Patent Appeals, 1959)
Shackman v. United States
41 Cust. Ct. 328 (U.S. Customs Court, 1958)
Ignaz Strauss & Co. v. United States
41 Cust. Ct. 328 (U.S. Customs Court, 1958)
Schwarz v. United States
41 Cust. Ct. 329 (U.S. Customs Court, 1958)
S. S. Kresge Co. v. United States
40 Cust. Ct. 145 (U.S. Customs Court, 1958)
Loffredo Bros. v. United States
39 Cust. Ct. 461 (U.S. Customs Court, 1957)
Theo. L. Stern & Co. v. United States
39 Cust. Ct. 404 (U.S. Customs Court, 1957)

Cite This Page — Counsel Stack

Bluebook (online)
38 Cust. Ct. 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shackman-v-united-states-cusc-1957.