Starlight Trading, Inc. v. United States

45 Cust. Ct. 30
CourtUnited States Customs Court
DecidedJuly 18, 1960
DocketC.D. 2192
StatusPublished
Cited by8 cases

This text of 45 Cust. Ct. 30 (Starlight Trading, Inc. 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
Starlight Trading, Inc. v. United States, 45 Cust. Ct. 30 (cusc 1960).

Opinion

Ford, Judge:

Plaintiff in this action contests the classification by the collector of customs of certain ladies’ cotton blouses, described on [31]*31the invoice as items SS074 and SS118, under the provisions of paragraph 1529(a) of the Tariff Act of 1930, as modified by the Torquay Protocol to the General Agreement on Tariffs and Trade, 86 Treas. Dec. 121, T.D. 52739, as wearing apparel in part of trimming and assessed with duty at the rate of 45 per centum ad valorem.

Plaintiff herein contends that the involved cotton blouses are not trimmed and are, accordingly, dutiable at only 20 per centum ad valorem under the provisions of paragraph 919 of the Tariff Act of 1930, as modified by the General Agreement on Tariffs and Trade, 82 Treas. Dec. 305, T.D. 51802, as clothing and articles of wearing apparel of every description, manufactured wholly or in part, wholly or in chief value of cotton, and not specially provided for.

The pertinent portions of the statutory provisions involved are as follows:

Paragraph 1529(a) of the Tariff Act of 1930, as modified by the Torquay Protocol to the General Agreement on Tariffs and Trade, 86 Treas. Dec. 121, T.D. 52739:

Articles provided for in subdivision 29_45% ad val.
Note : * * *
Each, reference in any item 1529(a) in tbis part to a numbered subdivision is to tbe indicated subdivision of the matter representing paragraph 1529(a), Tariff Act of 1930, as modified, in the publication of the United States Tariff Commission entitled “United States Import Duties (1950)” on the day this supplemental schedule is authenticated.
* * * * * * *

United States Tariff Commission publication, entitled “United States Import Duties (1950),” subdivision 29 of paragraph 1529(a) :

Articles wholly or in part of any material provided for in subdivision 10 or 12, but not in part of lace, lace fabrics, or lace articles, not ornamented * * *, and not provided for in subdivision 16 or 22.

United States Import Duties (1950), supra, subdivision 12 of paragraph 1529 (a) :

Neck ruffiings, flutings, quillings, ruchings, tuckings, trimmings, gimps, and ornaments_50% ad val.

Subdivisions 16 and 22 of paragraph 1529(a) of United States Import Duties, supra, relate to articles, other than wearing apparel, and fabrics and articles in chief value of bumt-out laces, respectively.

Paragraph 919 of the Tariff Act of 1930, as modified by the General Agreement on Tariffs and Trade, 82 Treas. Dec. 305, T.D. 51802:

Clothing and articles of wearing apparel of every description, manufactured wholly or in part, wholly or in chief value of cotton, and not specially provided for:
*******
Other. 20% ad val.

[32]*32At the trial of this matter, one witness was called to testify on behalf of plaintiff, and there were received in evidence samples of items SS074 and SS118, as exhibits 1 and 2, respectively. It was stipulated by and between counsel for the respective parties that the involved blouses were in chief value of cotton and that said articles were classified as in part of trimming because of those features on the front of each blouse marked with an “X” in ink.

The witness called on behalf of plaintiff testified that he is employed by Pat Fashions, one of the largest domestic manufacturers of ladies’ blouses, as its production manager and buyer of piece goods and trimmings; that he has held this position for about 7% years and, prior thereto, held a similar position for approximately 10 or 12 years with the National Blouse Corp.; that he is familiar with blouses such as exhibits 1 and 2, since he has supervised the production of similar blouses. The witness then described the maimer of production of blouses which is not deemed to be pertinent to the case at bar.

Based upon the witness’ experience in the ladies’ blouse trade, the witness testified he has acquired an understanding of the type of articles considered in the trade to be in part of trimming and stated as follows:

I consider anything that is put on to ornament a blouse, specifically for the purpose of ornamentation, a trimming, such as laces, embroidery, narrow edges, braids, rickrack, fagotting, and so on.

Based upon his experience, the witness was of the opinion that the parts of exhibit 1 marked with an “X” are not trimmings, but are shoulder reinforcements and a type of yoke. Similarly, the witness was of the opinion that the part of exhibit 2 marked with an “X” is not a trimming, but is a basic collar type known as a jewel neck collar. The witness further stated that exhibit 2 is not trimmed nor is it edged with a narrow fabric at any place. Four basic collar types were described by the witness, and exhibits 3, 4, 5, and 6, domestically produced blouses, represented a jewel neckline, a mandarin-type collar, a johnny-type collar, and a button-down collar, respectively, and were received in evidence as illustrative exhibits. The witness then testified that there are hundreds of types of trimmings and proceeded to name a number, such as, cording, braiding, all types of laces, fringing, Mexican stitches, stitched embroidery, the Shiifiey type of trimming, the scalloping types of stitching, tucking, fluting, allover embroideries, neck ruffles, and quillings.

No evidence has been adduced in the record which would tend to establish a commercial designation. Plaintiff, in its brief, also concedes that the question of commercial designation is not involved herein. The law is well settled that where commercial designation [33]*33is not in issue, tariff terms describing merchandise are to be considered according to their common meaning. Such meaning is a matter of law and not an issue of fact. Accordingly, the court is not bound by the testimony of witnesses but may consider as an aid to its determinations, dictionaries and other authoritative sources. It may also refer to the summaries of tariff information which were prepared by the United States Tariff Commission for the use of Congress in enacting the present tariff law.

We have reviewed various dictionary definitions of the word “trimmings,” but do not find them to be sufficiently specific to be helpful here. However, both the Summaries of Tariff Information of 1929 and 1948 provide definitions of the word in issue which we regard as more illuminating. These read as follows:

Summaries of Tariff Information (1948), volume 15, part 5, page 48:

Trimming. — Narrow fabric used to trim or edge garments or upholstery; may be woven, braided, knit, or of lace or embroidery.

Summary of Tariff Information (1929), page 2026:

* * * Trimmings are narrow goods used to trim or edge garments or upholstery ; they may be woven goods, or braid, or lace. * * *

The testimony of the witness herein that the portion of exhibit 1, which is marked with an “X” reinforces the shoulder, and his testimony relative to the portion of exhibit 2, similarly marked as part of the collar, does not seem to be particularly convincing, especially in view of our own examination of the samples which, by virtue of established law, have potent evidentiary value.

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Related

Shalom Baby-Wear, Inc. v. United States
63 Cust. Ct. 426 (U.S. Customs Court, 1969)
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62 Cust. Ct. 640 (U.S. Customs Court, 1969)
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Starlight Trading, Inc. v. United States
54 Cust. Ct. 398 (U.S. Customs Court, 1965)
Toyomenka, Inc. v. United States
51 Cust. Ct. 178 (U.S. Customs Court, 1963)

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45 Cust. Ct. 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/starlight-trading-inc-v-united-states-cusc-1960.