Starlight Trading, Inc. v. United States

54 Cust. Ct. 398, 1965 Cust. Ct. LEXIS 1973
CourtUnited States Customs Court
DecidedApril 19, 1965
DocketNo. 69253; protest 62/7120 (New York)
StatusPublished
Cited by5 cases

This text of 54 Cust. Ct. 398 (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, 54 Cust. Ct. 398, 1965 Cust. Ct. LEXIS 1973 (cusc 1965).

Opinion

Ford, Judge:

Plaintiff herein protests the classification by the collector of customs of certain ladies’ cotton blouses, described on the invoice as item SS 033, 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 contends that the cotton blouses involved herein 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. Dee. 121, T.D. 52739:

Articles provided for in subdivision 29_45% ad val.
Note: * * *
Each reference in any item 1529(a) in this part to a numbered subdivision is to the 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 Impost Duties (1950)” on the day this supplemental schedule is authenticated.
****** 41

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 rufflings, flutings, quillings, ruchings, tuckings, trimmings, gimps, and ornaments _50% ad val.

Subdivisions 16 and 22 of paragraph 1529(a) of the United States Import Duties, supra, relate to fabrics and articles, other than wearing apparel, and fabrics and articles in chief value of burnt-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:

[399]*399Clothing 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.

One witness was called by the plaintiff. He testified that he is and has been employed for 11 years as a designer and production manager for Pat Fashions, Inc., a corporation in the business of producing blouses. Before that, he had been production manager for National Blouse Corp. and performed similar work. Both these employers are among the largest in the industry producing blouses. His work with Pat Fashions involves producing blouse designs, supervising production of blouses, and arranging for subcontractors to perform some of the manufacturing operations, including the application of trimmings to the blouses.

He stated that he is familiar with the blouse (exhibit 1) herein and has produced similar blouses. Such a blouse, he stated, is produced from material 36 or 38 inches wide. The various parts are cut from the material according to pattern specifications and sewn together. The parts of exhibit 1, which are marked “X,” are made from the same material as the rest of the blouse. They are cut at the same time as the other parts and are not products of a narrow-ware loom.

The term “trimmings,” based upon his experience, the witness stated, refers generally to narrow edges of material, such as sehiffli embroidery put on a blouse by a subcontractor. In his opinion, the parts marked “X” of exhibit 1 do not consist of trimmings because they are made of the same material as the rest of the blouse, sewn by the same machine as the other parts of the blouse, such as the sleeve, and are included for purpose of style variation. Variations, however, stated the witness, are not trimmings, and that, similarly, the addition of sleeves or pockets are not considered trimmings.

In his opinion, the parts of exhibit 1 marked “X” are yokes, which term in the trade generally relates to anything attached like a yoke whether it is on the shoulder or on the side of the blouse. A yoke may be of different shapes and dimensions. A narrow-ware loom would be a 4-, 10-, or 12-ineh loom, rather than a 36-, 45-, or 60-ineh loom. The narrow-ware looms are made specifically for trimming purposes. For example, you may have looms only an inch wide that produce particular types of trimmings to be used for ornamentation. He stated that a 1-ineh strip of fabric produced on a narrow-ware loom would be a trimming, if it contained some fancy stitching, rhinestones, or other ornamentation, and that, if exhibit 1 contained a narrow-edge Venice around the collar, he would consider it a trimming; or, if the blouse contained sehiffli embroidery, fagoting-type stitches, tucking variations, or laces, it would be trimming. He added that, generally, when trimming is put on a blouse, it is sent to a specific factory that makes the trimming and adds it to the blouse. The addition of a pocket would not be a trimming, but if it contained embroidery it would, in his opinion, be a trimming. If the addition is specifically done for ornamentation, it would be a trimming, whereas the addition of material out of the same cloth, at the same shop, at the same time, manufactured in the same way as the sleeves are added, is not a trimming.

Trimming, the witness continued, is something added to the blouse specifically for the purpose of ornamentation from other than its own material. The same material can be used for ornamentation if it is, for example, embroidered or has tucking stitches added. This type of stitching is not normally put on a blouse. Similarly, material from the same run as the material used in the blouse would have various multitype stitches, such as zigzag type, which would [400]*400make it a trim. These would be added specifically for ornamentation and to give a trim effect. However, if the material were not stitched or changed in any way, it would not be a trim.

The patches marked “X” on exhibit 1 have a double, rather than a single, material. The addition of the extra layer of material reinforces the stitch. Every point in a blouse is a stress point, and the reason for the use of a double material would be for reinforcement. The portion of the blouse marked “X” on exhibit 1 would be also for the purpose of styling to make it different from other blouses. Women who purchase blouses, he said, desire constant variation in style.

It was stipulated at the opening of the trial that plaintiff’s exhibit 1 is the same as the merchandise described on the invoice as item SS 033.

Exhibit 1, the blouse itself, is before the court, thereby affording opportunity to weigh more fully the evidentiary value of the pertinent words of the record.

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Related

Shalom Baby-Wear, Inc. v. United States
63 Cust. Ct. 426 (U.S. Customs Court, 1969)
Miss Pat Fashions, Inc. v. United States
63 Cust. Ct. 20 (U.S. Customs Court, 1969)
George S. Bailey Hat Co. v. United States
60 Cust. Ct. 543 (U.S. Customs Court, 1968)
Starlight Trading, Inc. v. United States
56 Cust. Ct. 851 (U.S. Customs Court, 1966)

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Bluebook (online)
54 Cust. Ct. 398, 1965 Cust. Ct. LEXIS 1973, Counsel Stack Legal Research, https://law.counselstack.com/opinion/starlight-trading-inc-v-united-states-cusc-1965.