Sprague Electric Co. v. United States

64 Cust. Ct. 135, 1970 Cust. Ct. LEXIS 3196
CourtUnited States Customs Court
DecidedFebruary 27, 1970
DocketC.D. 3972
StatusPublished
Cited by2 cases

This text of 64 Cust. Ct. 135 (Sprague Electric Co. 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
Sprague Electric Co. v. United States, 64 Cust. Ct. 135, 1970 Cust. Ct. LEXIS 3196 (cusc 1970).

Opinion

Ford, Judge:

This action by American manufacturers is brought pursuant to provisions contained in 19 U.S.C., section 1516(b). Tlie merchandise involved was imported by Montgomery Ward & Co., the [137]*137party-in-interest, and is described on tbe invoice as ceramic capacitors by tbe Japanese manufacturer, KCK Co. Ltd. Tbe regional commissioner of customs at tbe port of New York classified said capacitors under tbe provisions of item 685.80, Tariff Schedules of tbe United States, wbicb provides as follows:

685.80 Electrical capacitors, fixed or variable_ 12% ad val.

Plaintiffs contend tbe merchandise involved is subject to duty at 27 per centum ad valorem under item 535.14, Tariff Schedules of the United States, wbicb provides as follows:

Schedule 5, Part 2, Subpart D:
Ceramic magnets, ceramic electrical insulators whether or not in part of metal, and other ceramic electrical ware, including ferroelectric and piezoelectric ceramic elements:
* * * Porcelain insulators, with metal parts cemented thereto and comprising not less than 30 percent of the weight thereof, used in high-voltage, low-frequency electrical systems_ * * *
* * * Ferrites_ * * *
535.14 Other- 27% ad val.

The pertinent portion of the headnote to schedule 5, part 2 states: Part 2 headnotes:

1. This part covers ceramic wares, and articles of such wares and, in addition, certain unshaped refractory material (subpart A) closely related thereto.
2. For the purposes of the tariff schedules—
(■a) a “ceramic article” is a shaped article having a glazed or unglazed body of crystalline or substantially crystalline structure, which body is composed essentially of inorganic nonmetallic substances and either is formed from a molten mass which solidifies on cooling, or is formed and subsequently hardened by such heat treatment that the body, if reheated to pyrometric cone 020, would not become more dense, harder, or less porous, but does not include any glass article;

It is not disputed by plaintiffs that the imported merchandise is in fact capacitors but it is their contention that ceramic capacitors are excluded from item 685.80, supra, because of headnote 1 (iii) of schedule 6 part 5 which reads as follows:

Part 5 headnotes:
1. This part does not cover—
(iii) ceramic electrical ware (part 2D of schedule 5); * * *.

[138]*138The record herein consists of the testimony of three witnesses called on behalf of plaintiffs and seven exhibits received in evidence. The ruling on the admission in evidence of collective exhibit 8 for identification was reserved. Collective exhibit 8 consists of photostatic copies of notes purported to be made by the president of KCK the manufacturer involved. We sustain the objection to the admission of said documents on the ground that they are hearsay and irrelevant. Said documents are not admissible as an exception to the hearsay rule as a declaration against interest and their contents are at best meaningless to the court and are therefore irrelevant.

Plaintiffs’ collective exhibit 1 consists of correspondence directed to establishing compliance with the jurisdictional requirement of an American manufacturer to institute proceedings in this court. Plaintiffs’ collective exhibit 2 consists of photographs of KCK capacitors made at the office of the commodity specialist at the port of New York. Plaintiffs’ exhibit 3 consists of a brochure put out by KCK depicting its capacitors. The exhibit was limited to the photographic portion of the brochure. Plaintiffs’ exhibit 4 consists of a display board depicting the various components and stages of manufacture of American made capacitors. Plaintiffs’ exhibit 6 is a photostatic copy of a quotation of prices to Sprague of Wisconsin Inc. from KCK Co. Ltd. Collective exhibit 1 is a box of KCK capacitors and components. Plaintiffs’ exhibit 9 is a display of the various components and stages of manufacture of an American manufacturer.

The oral testimony of three well qualified witnesses called on behalf of plaintiffs has established that capacitors are used in electronic circuits and have no other use. Their use is to isolate direct current or voltage fields from one another and permit the passage of higher frequency currents. A capacitor also stores an electric charge. The measurement of the capacity of the capacitor is in farads, microfarads or picofarads. The amount of the charge is dependent upon the dielectric which in this instance is the ceramic. The dielectric material in ceramic capacitors is barium titanate in a crystalline vitreous state.

The manufacture of ceramic capacitors starts with a ceramic disc which is purchased domestically or imported upon which a silver paint is screened and then passed through a firing furnace to bond the silver to the disc. Wire leads are then attached to the silvered disc to enable it to be utilized in electronic circuits. A resin is then applied to the body of the capacitor. Prior to the addition of the leads, the ceramic discs or silver ceramic discs are not electrical articles. The witnesses were of the opinion based upon their manufacturing experience in the United States that the ceramic disc was the component material in chief value. Mr. Peck, called on behalf of plaintiff, however admitted he is not familiar with the prices of supplies used by KCK or the [139]*139quantities it purchased or if said firm makes or purchases the materials it uses for its capacitors. Plaintiffs’ witness, Mr. Kirschner, admitted he did not know the price in Japan of silver paint in producing capacitors.

Before consideration is made as to the merits of plaintiffs’ claim, it should be stated there does not appear to be objection to the status of plaintiffs. The papers contained in plaintiffs’ collective exhibit 1 coupled with the testimony of record establishes to the satisfaction of the court that plaintiffs are proper parties to institute the action before the court pursuant to the provisions of 19 U.S.C., section 1516(b).

There is - no dispute that the imported articles are in truth and in fact capacitors. This is so not only by plaintiffs’ admission but also by the presumption of correctness which attaches to the customs classification of the importation as capacitors. Flowing from the presumption is the fact that the classifying officer found all facts necessary to so classify the involved capacitors.

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Bluebook (online)
64 Cust. Ct. 135, 1970 Cust. Ct. LEXIS 3196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sprague-electric-co-v-united-states-cusc-1970.