Shades, Inc. v. United States

4 Ct. Int'l Trade 113
CourtUnited States Court of International Trade
DecidedSeptember 14, 1982
DocketCourt No. 76-11-02546
StatusPublished

This text of 4 Ct. Int'l Trade 113 (Shades, 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
Shades, Inc. v. United States, 4 Ct. Int'l Trade 113 (cit 1982).

Opinion

Ford, Judge:

This action presents to the court for determination the proper classification of certain ramin matchsticks or rounds. The merchandise was classified by customs as articles of wood, not specially provided for, under item 207.00, Tariff Schedules of the United States, as modified by Presidential Proclamation 3822, T.D. 68/9, and assessed with duty at 8% ad valorem. Plaintiff contends said material is worked or dressed lumber within the definition contained in Schedule 2, Subpart B, Headnote 2(a) (ii) or (iii) and, accordingly, is properly subject to classification under item 202.46, TSUS, as modified, supra. All other claims contained in the complaint, having been abandoned, are dismissed.

The statutory provisions and headnotes pertaining to this merchandise read as follows:

207.00 Articles not specially provided 8% ad val. for, of wood.
[115]*115Lumber, rough, dressed, or worked (including softwood flooring classifiable as lumber, but not including siding, molding, and hardwood flooring):.
* * *
Hardwood: * * *
Other: * * * 202.46 Dressed or worked. Free
Subpart B — Lumber, Flooring and Moldings
SUBPART B HEADNOTES
*******
2. For the purposes of this part, the following terms have the meaning hereby assigned to them:
(a) Lumber: A product of a sawmill or sawmill and planing mill derived from a log by lengthwise sawing which, in its original sawed condition, has at least 2 approximately parallel flat longitudinal sawed surfaces, and which may be rough, dressed, or worked, as set forth below:
(i) Rough lumber is lumber just as it comes from the saw, whether in the original sawed size or edged, resawn, crosscut, or trimmed to smaller sizes;
(ii) Dressed lumber is lumber which has been dressed or surfaced by planing on at least one edge or face; and
(iii) Worked lumber is lumber which has been matched (provided with a tongued-and-grooved joint at the edges or ends), shiplapped (provided with a rabbeted or lapped joint at the edges), or patterned (shaped at the edges or on the faces to a patterned or molded form) on a matching machine, sticker, or molder.
Edge-glued or end-glued wood over 6 feet in length and not over 15 inches in width shall be classified as lumber if such wood as a solid piece without glue joints would be deemed to be lumber as defined above.
*******
(c) Hardwood: Wood from trees of non-coniferous species.

The record consists of the testimony of three witnesses called on behalf of plaintiff as well as the receipt in evidence of ten exhibits. Defendant presented the testimony of one witness. The official papers were received in evidence without being marked.

The first witness called on behalf of plaintiff was Leland Pas-chick, who was formerly president and plant manager of the importing company. His present business, “Shades II”, has no relationship to the importer, but does deal in the same type of merchandise. While employed by the importer, the witness visited the [116]*116factories in Japan and Taiwan where the imported merchandise was made. The manufacturing steps in both countries remained substantially the same between 1950 and 1970.

According to the witness, the material from which the imported articles are made is ramin wood procured from Indonesia and Malaysia. The raw material used by the foreign producer is rough cut lumber in dimensions of 2" x 2", 2" x 4", and 2" x 6", all being 12 or 13 feet long. This lumber is then processed by passing it through a gang rip saw which produces an article 2" in width and the thickness of about 3 millimeters. In addition, according to the witness, the merchandise is passed through a molding machine resulting in the production of a 3.7 millimeter round reed. The reed is then placed in a shaker which smooths and cleans rough fibers from it. They are then cut into the specified lengths which had been ordered and packaged. After packaging nothing further is done to them prior to importation into the United States. The photographs received in evidence as Plaintiffs Exhibit 3 depict the process of manufacture.

After importation the reads are painted, stained, or left in a natural form and are run through another shaking machine. The painting and staining involves immersing the reeds in a bath of paint or stain and allowing it to drain off. The next step utilizes a heater to dry the rounds which are then woven with small wood slats and warp yarns. The woven roll goods are sold to converters who fabricate them into window shades or custom-ordered draperies, folding doors, room dividers, wall coverings, and other products. These rolls are generally sold as “woven woods” in width of 8', 10' and 12' and in lengths of 50' to 60'.

The jobbers in manufacturing the shades or drapes cut a portion of the roll, which is then mounted on a wooden head rail or on a spring roll.

According to Mr. Paschick the imported merchandise was worked lumber since it was patterned by the molding machine.

Plaintiff called Mr. James R. Brice, President of Brice Tool and Stamping Company, whose business is the building and designing of tools and stampings. The witness designed molding machines and the company has manufactured milling machines. While the witness admitted he was not an expert in the lumber industry, he was well qualified as an engineer. He identified the machines depicted in Exhibit 3F, G and H as molding machines similar to those manufactured by another California company. It is the professional opinion of Mr. Brice that the imported ramin lumber is patterned on a molder. The molder shapes the lumber at the edges.

Plaintiffs third witness, Patrick Bennett, is president of TransPacific Wood Company, engaged in the importation of forest products. He has been in the wood products industry for approximately 20 years. The witness agreed with the definition of lumber set forth in the headnotes, as well as the definition of worked lumber. It was [117]*117his opinion that the imported merchandise falls within the definition of worked lumber.

Defendant called Wilbur L. Johnston, Director of Architectural Services at the Woodwork Institute of California, which is a nonprofit corporation for promotion of better quality millwork and architectural wood products in the State of California. The witness agreed that the merchandise at bar, as well as the slats, were worked lumber since they were made on a molder.

In the field of customs jurisprudence it is axiomatic that plaintiff has a dual burden of proof. 28 U.S.C. 2639(a)(1). Therefore, plaintiff must establish the classification under item 207.00, TSUS, to be erroneous and that classification under item 202.46, TSUS, is proper. In order to accomplish the latter, plaintiff must establish the imported merchandise to be hardwood lumber as defined in headnote 2(c) subpart B, part 1, schedule 2, TSUS.

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4 Ct. Int'l Trade 113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shades-inc-v-united-states-cit-1982.