United States v. Canadian Vinyl Industries, Inc.

555 F.2d 806, 64 C.C.P.A. 97, 1977 CCPA LEXIS 148
CourtCourt of Customs and Patent Appeals
DecidedMay 12, 1977
DocketC.A.D. 1189; No. 76-11
StatusPublished
Cited by23 cases

This text of 555 F.2d 806 (United States v. Canadian Vinyl Industries, Inc.) is published on Counsel Stack Legal Research, covering Court of Customs and Patent Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Canadian Vinyl Industries, Inc., 555 F.2d 806, 64 C.C.P.A. 97, 1977 CCPA LEXIS 148 (ccpa 1977).

Opinions

Nichols, Judge.1

This appeal is from the judgment of the United States Customs ’Court, 76 Cust. Ct. 1, C.D. 4626, 408 F. Supp. 1377, sustaining ap-pellee’s claim that its imported merchandise is entitled to classification under item 771.40, Tariff Schedules of the United States (TSUS), •instead of under item 355.82, TSUS, as classified. Appellee alternatively claimed classification under items 771.42, 774.60 and 355.85. We affirm.

The pertinent statutory provisions involved in this appeal, with ¡rates of duty in effect at time of importation, are as follows:

Tariff Schedules of the United States (19 U.S.C. 1202)
General Headnotes and Hules of Interpretation:
# # He * #
9. Definitions. - For the purposes of the schedules, unless the context otherwise requires -
*******
[99]*99(f) the terms “of”, “wholly of”, “almost wholly of”, “in part of” and “containing”, when used between the description of an article and a material (e.g., “furniture of wood”,' “woven fabrics, wholly of cotton”, etc.), have the following meanings:
(i)“of” means that the article is wholly or in chief value of the named material;
*******
(iii) “almost wholly of” means that the essential character of the article is imparted by the named material, notwithstanding the fact that significant quantities of some other material or materials may be present; . . .
* * * * * * *
SCHEDULE 3. - TEXTILE FIBERS AND TEXTILE PRODUCTS
Schedule S Headnotes
****** *
2. For the purposes of the tariff schedules -
(a) the term “textile materials” means-
(i) the fibers (cotton, other vegetable fibers, wool and hair, silk, and manmade fibers) provided for in part 1 of this schedule,
(ii) the yarn intermediates and the yarns provided for in part 1 and part 4 (elastic yarns) of this schedule,
(iii) the cordage provided for in part 2 and part 4 (elastic cordage) of this schedule,
(iv) the fabrics provided for in part 3 and part 4 of this schedule,
(v) braids, as defined in headnote 2 (f), infra and
(vi) except as provided by headnote 5, articles produced from any of the foregoing products;
* ******
4.' For the purposes of the tariff schedules -
* * * * * * %
(b) In determining the component fibers of chief value in coated or filled, or laminated, fabrics and articles wholly or in part thereof, the coating or filling, or the nontextile laminating substances, shall be disregarded in the absence of context to the contrary.
5. For the purposes of parts 5, 6 and 7 of this schedule and parts 1 (except subpart A), 4, and 12 of schedule 7, in determining the classification of any article which is wholly or in part of a fabric coated or filled, or laminated, with nontransparent rubber or plastics (which fabric is provided for in part 4C of this schedule), the fabric shall be regarded not as a textile material but as being wholly of rubber or plastics to the extent that (as used in the article) the nontransparent rubber or plastics forms either the outer surface of such article or the only exposed surface of such fabric.
[100]*100Part 4.' - Fabrics of Special Construction Or For Special Purposes; Articles of Wadding Or Felt; Fish. Nets; Machine Clothing
* * * * * * *
Subpart C. - Wadding, Felts, and Articles Thereof; Fish Netting And Nets; Artists’ Canvas; Coated or Filled Fabrics; Hose; Machine Clothing; Other Special Fabrics Subpart G headnotes:
1. The provisions of this subpart do not cover -
*******
(vii) other articles specially provided for in schedule 7 or elsewhere.
2. For the purposes of the tariff schedules -
* ***** *
(c) the provisions in this subpart for fabrics, coated or filled with rubber or plastics material, or laminated with sheet rubber or plastics (items 355.65-85), cover products weighing not over 44 ounces per square yard without regard to the relative quantities of the textile fibers and the rubber or plastics material, but do not cover products weighing over 44 ounces per square yard unless they contain more than 50 percent by weight of textile fibers.
* * * * * * *
Woven or knit fabrics (except pile or tufted fabrics), of textile materials, coated or filled with rubber or plastics material, or laminated with sheet rubber or plastics:
* * * * * * *
Of man-made fibers:
355. 81 Over 70 percent by weight of rubber or plastics._ 12.5^ per lb.
355.82 Other_ +15% ad val.
* ***** *
SCHEDULE 7. - SPECIFIED PRODUCTS; MISCELLANEOUS AND NONENUMERATED PRODUCTS
*******
PART 12. - RUBBER AND PLASTICS PRODUCTS
[101]*101Subpart B. - Rubber and Plastics Waste and Scrap; Rubber and Plastics Film, Strips, Sheets, Plates, Slabs, Blocks, Filaments, Rods, Tubing and Other Profile Shapes.
sfc »!•
Subpart B headnotes:
1. This subpart covers rubber or plastics products (other than waste or scrap) in the following forms:
í$í * *
(b) film, strips, sheets, and plates, all the foregoing (whether or not printed, embossed, polished, or otherwise surface-processed) made or cut into rectangular pieces over 15 inches in width and over 18 inches in length;
ifc * ifc * *
Film, strips, sheets, plates, slabs, blocks, filaments,- rods, seamless tubing, and other profile shapes, all the foreoging wholly or almost wholly or rubber of plastics:
* *
Not of cellulosic plastics materials:
Film, strips, and sheets, all the foregoing which are flexible:
Made in imitation of patent 771.40 leather_ 4% ad val.

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Bluebook (online)
555 F.2d 806, 64 C.C.P.A. 97, 1977 CCPA LEXIS 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-canadian-vinyl-industries-inc-ccpa-1977.