United-Carr Fastener Corp. v. United States

56 Cust. Ct. 347, 1966 Cust. Ct. LEXIS 1975
CourtUnited States Customs Court
DecidedApril 6, 1966
DocketC.D. 2648
StatusPublished
Cited by13 cases

This text of 56 Cust. Ct. 347 (United-Carr Fastener Corp. 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
United-Carr Fastener Corp. v. United States, 56 Cust. Ct. 347, 1966 Cust. Ct. LEXIS 1975 (cusc 1966).

Opinion

Richardson, Judge:

This American manufacturer’s protest involves the proper dutiable classification of merchandise described on the invoice as “Tee Nuts” and which was imported at New York from Italy. The merchandise in question was classified in liquidation as steel nuts under 19 U.S.C.A., section 1001, paragraph 330 (paragraph 330, Tariff Act of 1930), as modified by T.D. 51802, and assessed for duty at the rate of 0.3 cent per pound. It is claimed in the protest that the subject merchandise is properly classifiable under 19 U.S.C.A., [348]*348section. 1001, paragraph 397 (paragraph 397, Tariff Act of 1930), as modified by T.D. 54108, as manufactured articles of Steel, not plated with platinum, gold, or silver or colored with gold lacquer, and assessable thereunder at the rate of 19 per centum ad valorem.

No question is here raised concerning, and the record fully establishes compliance with, procedural requirements antecedent to the filing of 'the instant manufacturer’s protest under 19 U.S.C.A., section 1516 (section 516, Tariff Act of 1930, as amended). And although the evidence before the court concerns itself with the fabrication and uses of domestic merchandise of the plaintiff’s creation, the parties have conceded that the fabrication and uses of the imported product are the same as those of its domestic counterpart.

The evidence discloses that the so-called “Tee Nut” is stamped or shaped into the circular form resembling a “T” from cold-rolled steel strip. The hollow stem portion of the “T,” termed a barrel, is tapped internally with a female thread for the purpose of enabling the barrel to receive and retain the male thread of a bolt. And from and around the edges of the crossmember of the “T,” called a flange, three or four prongs are sheared out and turned or bent at right angles to the flange in a direction parallel to the barrel. When the article is viewed from above and over the crossmember, the pronged flange gives the appearance of being an outer circle and tire tapped barrel the inner circle. When manufacture is completed, the so-called “Tee Nut” comprises in all of its parts an article of hardware composed of a single piece of steel. The article is made in various sizes and thread specifications to suit particular applications. In use, the “Tee Nut” is inserted barrel first up to the tip of the prongs into a hole previously drilled into a wood object to accommodate the barrel. The flange is then driven into the wood to the depth of the prongs so that the flange is flush with the surface of the wood. (Not all so-called “Tee Nuts” are made for wood applications. One type, depicted in defendant’s exhibit M and designated a weld and rivet “T” nut, is used in metal applications.) In this position the “Tee Nut” is secured to the wood, is immovable, and provides the link in tire joining together of two pieces of wood.

A now common exponent of the aforesaid method of joining pieces of wood together is shown in plaintiff’s illustrative exhibit 17. The exhibit consists basically of two parts of wood — one piece representative of a table and the other representative of a supporting leg of the table — and two articles of hardware, namely, a bolt and a “Tee Nut.” The bolt is mounted in and secured to the broad end of the.tapered circular leg, and 'the “Tee Nut” is secured to the block of wood in the manner hereinbefore described. The leg, thus armed, may be screwed [349]*349into the block of wood through the “Tee Nut” which remains stationary and secured to the block of wood to which it is attached. In this manner, the leg is joined to the table. And by a reverse screw action, the leg may be disassembled from the table. At no time during either the assembly or disassembly of the pieces of wood does it become necessary to touch or manipulate the “Tee Nut” with hand or tool.

John A. Searle, Jr., a graduate engineer and plaintiff’s manager of engineering and new products developments, testified that the prongs of the “Tee Nut” serve two functions — they “retain the nut from being pushed out of the wood as the screw enters the open end,” and “keep the nut from rotating as the screw is tightened to it.” And with respect to the function of the flange, the witness stated, “It performs the same function as a washer, distributing the load over a larger area.” He said that the function of the flange is separate and distinct from that of the nut itself. Mr. Searle also testified that the “Tee Nut” is used for blind applications where the conventional nut and bolt could not properly be used. And he is sure that the “Tee Nut” has replaced the use of other kinds of fasteners.

Wilmer H. Churchill, vice president and chief engineer of plaintiff’s New England division, testified, among other things, that he was probably responsible for forming specifications and tooling methods for the first “Tee Nuts,” that the primary function of the flange is to distribute the load and that its secondary function is to provide a base for the fashioning of the prongs, that the flange performs the load-bearing function of a washer, but not the spacer and joint functions of a washer, that the “Tee Nut” was designed with the long barrel to get sufficient threads for strength, that from his own knowledge and experience the article was originally designed for the automotive industry with a view toward retention of the nut to a component before application to an assembly of some kind, as for example, to an automobile seat or floorboard prior to attachment to the automobile, and with respect to wood applications, that the “Tee Nut” eliminated the necessity for counterboring in wood for a square or hexagon nut.

As to nomenclature of the subject merchandise, Mr. Searle stated that he had always assumed the generic word for the description of the product from the shape of the finished nut. Maurice Ostrover, a salesman for Keystone Bolt and Nut Corp., testified that he has always sold this merchandise in the United States as “Tee Nuts,” that he has never known them as anything else but as “Tee Nuts,” and that the majority of his purchasers refer to them as “Tee Nuts,” although some of them refer to the article as prong nuts or barrel nuts.

Eric M. Cohn, president of Northern Trading Co., Inc., successor to Northern Screw Corp., the party in interest herein, and also president [350]*350of Keystone Nut and Bolt Corp., testified that be bad been importing tbe “Tee Nut” depicted in exhibit 1 since 1957, that be has always known tbe merchandise in tbe language of the trade and commerce in tbe United States as a “Tee Nut,” that it has never been referred to as anything else, and that when a distributor orders “Tee Nuts” from him, the distributor refers to them as “Tee Nuts,” giving the size and barrel dimensions.

The issue in this case is whether the imported merchandise is a “nut” within the meaning of the eo nomine provision for nuts in paragraph 330, or whether it is something more than a nut, a combination article as plaintiff contends, and classifiable as such under paragraph 397. The competing tariff provisions, as modified, read as follows:

[Par. 330.] Nuts, nut blanks, and washers, of wrought iron or steel_per lb.
?ar. 397.] Articles or wares not specially provided for, whether partly or wholly manufactured:

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Bluebook (online)
56 Cust. Ct. 347, 1966 Cust. Ct. LEXIS 1975, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-carr-fastener-corp-v-united-states-cusc-1966.