Soderhamn Machine Manufacturing Co. v. United States

59 Cust. Ct. 547, 277 F. Supp. 760, 1967 Cust. Ct. LEXIS 2038
United States Customs Court·Decided December 13, 1967·No. C.D. 3225·Published

Opinion

Ford, Judge:

The merchandise covered by the protests listed in schedule “A,” annexed hereto and made a part hereof, was described on the invoices generally as chippers, chip screens, and parts thereof. At the port of entry, Jacksonville, Florida, the articles were assessed with duty at 10 per centum ad valorem under item 674.42 of the Tariff Schedules of the United States as other machine tools, or at 14 per centum ad valorem under item 674.53 of the same tariff schedule, hereafter referred to as TSUS, as other machine tool parts.

Plaintiff’s original claim in every protest except 65/8822 was that the merchandise in issue was properly dutiable at 7 per centum ad valorem under item 668.06 of TSUS as parts of machines for making cellulosic pulp, paper or paperboard.

In protest 65/8822, plaintiff’s original claim was that the merchandise was properly dutiable at 7 per centum ad valorem under item 668.00 as machines for making cellulosic pulp, paper or paperboard.

By timely amendments, items 668.00 and 668.06 were asserted alternatively in each of the protests. Defendant interposed no objection^

[549]*549At the trial, plaintiff abandoned the protests as they relate to articles not listed on plaintiff’s exhibit 1, a schedule of the imported merchandise.

As to one article entered under entry J-3788, covered by protest 65/8825, a center for chip screen 750-35A, defendant repudiates the classification under item 674.53, sufra, contending it should properly have been classified under item 678.50, as machines, not specially provided for.

After the original trial and submission, the submission of the case was set aside, by stipulation of the parties to permit the consolidation of protest 66/6385 with the other five protests, which had been consolidated at the trial.

The pertinent items of the tariff schedules are as follows:

Machine tools:
Metal-working machine tools:
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Other machine tools:
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674.42 Other_ 10% ad val.
Work and tool holders and other parts of, and accessories used principally with, machine tools; tool holders for the mechanical hand tools provided for in items 651.27, 674.70 and 683.20:
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Other:
Parts:
i'fi ⅝ ⅝ í|í ⅝ ⅜ ⅝
Other:
¾: íJí ⅜ ⅝ ⅜ ⅜ ⅝
674.53 Other parts_ 14% ad val.
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678.50 Machines not specially provided for, and parts thereof_ 10% ad val.
Machines for making cellulosic pulp, paper, or paperboard; machines for processing or finishing pulp, paper or paperboard, or making them up into articles:
668.00 Machines for making cellulosic pulp, paper or paperboard_ 7% ad val.
⅜ ⅜ ⅜ ⅜ ⅝ ⅝ ⅜
Parts of the foregoing machines:
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Other:
668.06 Parts of machines for making cellu-losic pulp paper or paperboard_ 7% ad val.
[550]*550The following headnotes are also pertinent:
Schedule 6, part 4, subpart F:
For the purposes of this subpart—
(•a) the term “machine tool” means any machine used for shaping or surf ace-working—
⅛ ⅛ ⅝ ⅜ ⅜

(iii) wood, cork, bone, hard rubber or plastics, or other hard materials, whether by cutting away or otherwise removing the material or by changing its shape or form without removing any of it, but does not include rolling mills (item 674.20) or the hand-directed or -controlled tools provided for in items 674.60 and 674.70 of this subpart and in item 683.20 of part 5 of this schedule; * * *

10. General Interpretative Rules. For the purposes of these schedules—

Hi Hi * * ⅜

(ij) a provision for “parts” of an article covers a irroduct solely or chiefly used as a part of such article, but does not prevail over a specific provision for such part.

The evidence in this case consists of testimony of one witness called on behalf of plaintiff, one witness called on behalf of defendant, as well as two exhibits introduced by the plaintiff and two by the defendant.

The following exhibits were received in evidence: Schedule 1, bearing protest, entry number, entry date and description of imported merchandise (plaintiff’s exhibit 1) ; a Soderhamn catalog representative of items described as chip screens (plaintiff’s exhibit 2); pamphlet listing normally produced equipment in the Soderhamn machine works and illustrating chip screens and chippers referred to in direct examination (defendant’s exhibit A); page from pamphlet (exhibit A), specially marked in red ink, depicting a typical debarking installation and debarking chipper (defendant’s exhibit A-l); an advertising brochure of Fulghum Industries, illustrating various types of woodworking equipment, including “The Fulghum Chipper”, marked off in red (defendant’s exhibit B).

The merchandise in this case is limited to the articles listed on plaintiff’s exhibit 1 and those set forth in stipulation of counsel.

[551]*551Plaintiff’s exhibit 1, designated schedule 1, provides as follows:

Entry Protest No. No. Entry date Merchandise
65/8822-752/65 J-154 7-15-64 * * *
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48" old type horizontal chippers, 6 knife, less in-feed spouts.
65/8823-752-A/65 J-154 7-15-64 Parts for chipper 670-48, Bolts for chipper knife /" x 125, Springs, Distance Rings, Nuts HB 6LM ¾", Washers BRFB 20 x 36
65/8825-754/65 J-3788 6-29-64 Center for chip screen 750-35A, Shaft for Chipper C-461160-1
65/14309-782/65 J-1559 11-23-64 Feedbox assembly, left hand form, for chipper HF-30 For Chipper 670-48 a Housing for pillos block SN-522 b Sleeve SKFH-322
65/14312-784/65 J-1196 10-22-64 HF-60 L/H Chipper Feed-box complete for 711-A

It was stipulated by counsel for the respective parties that the merchandise described in entry J-154 and the subject of protest 66/6385, consists of chip or. chipper screen parts, which are the same in function as the chipper screen parts which were the subject of the testimony at the trial on March 4,1966, and that the testimony of the witnesses at the trial, with respect thereto, be deemed to apply to the chip or chipper screen parts covered by entry J-154.

The issue for determination in this case is clearly drawn.

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Soderhamn Machine Manufacturing Co. v. United States, 59 Cust. Ct. 547, 277 F. Supp. 760, 1967 Cust. Ct. LEXIS 2038 (cusc 1967).

59 Cust. Ct. 547 (Soderhamn Machine Manufacturing Co. v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.