United States v. Horni Signal Mfg. Co.

27 C.C.P.A. 316, 1940 CCPA LEXIS 19
CourtCourt of Customs and Patent Appeals
DecidedMarch 4, 1940
DocketNo. 4242
StatusPublished

This text of 27 C.C.P.A. 316 (United States v. Horni Signal Mfg. Co.) 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. Horni Signal Mfg. Co., 27 C.C.P.A. 316, 1940 CCPA LEXIS 19 (ccpa 1940).

Opinions

Bland, Judge,

delivered the opinion of the court:

The Government has here appealed from the judgment of the United States Customs Court, First Division, which sustained the protest of the appellee against the collector’s assessment of duty on certain merchandise invoiced as “Glass balls — crystal” at 60 per centum ad valorem under paragraph 218 (c) of the Tariff Act of 1930 as illuminating glass articles, unfinished, for use in connection with artificial illumination.

The importer, in its suit to recover the duties so assessed and paid, made the claim, among others, that the merchandise was dutiable as a manufacture of glass at 50 per centum ad valorem under paragraph 230 (d) of said act.

The pertinent portions of said paragraphs 218 and 230 follow:

Par. 218 * * * (c) Illuminating articles of every description, finished or unfinished, wholly or in chief value of glass, for use in connection with artificial illumination: Prisms, glass chandeliers, and articles in chief value of prisms, 60 per centum ad valorem; chimneys, 55 per centum ad valorem; globes and shades, [318]*31870 per centum ad valorem; all others, 60 per centum ad valorem: Provided, That parts not specially provided for, wholly or in chief value of glass, of any of the foregoing shall be subject to the same rate of duty as the articles of which they are parts.
Par. 230 * * * (d) All glass, and manufactures of glass, or of which glass is the component of chief value, except broken glass or glass waste fit only for remanufacture, not specially provided for, 50 per centum ad valorem.

Two exhibits were introduced in evidence, the first, Illustrative Exhibit 1, which represents the imported article, and Illustrative-Exhibit A, which represents the imported article in the condition in which it is ultimately used. Illustrative Exhibit 1 is a small, globular ball-like form of clear, molded glass. Around the same at a point near the center is a shoulder formed by making the back half larger in diameter than the front half. After importation, the back portion or large portion of the globular glass form is coated with silver and upon the silver is superimposed an electrolitic deposit of copper, making a mirror of the same. Over the deposit of copper is a baked-on coating of enamel which protects same from the elements. The imported articles are used in metal and wooden signs and are so designed that when the headlights of automobiles shine on the signs the buttons reflect the light, the buttons being so arranged as to form words or signs, such as the word “Stop” or an arrow. No other use of the goods is shown or claimed. The signs are used largely in connection with automobile traffic.

The importer introduced the testimony of two witnesses, one, Ralph Estreich, being an' employee in the United States Customs Service and whose testimony related to the character of glass of which the imported article was composed. The other witness, Horace J. Goodwin, was sales engineer and manager for appellee, manufacturer of signs, in the construction of which the imported merchandise is used. The witness in part said;

Q. How is Illustrative Exhibit A used? — A. They are usually used in metal-signs, although they can be used in wooden signs. It is usually sheet metal, with a hole punched in three-quarters of an inch in diameter, which is the diameter of the lens portion. Then the button is inserted in the hole, so that the shoulder of the button goes back of the shoulder. Then there is a galvanized sheet housing that is screwed up tight and holds the button in place.
Q. How did Illustrative Exhibit A operate?— A. It doesn’t operate at all. In a sense when these signs are put up — you have seen them alongside the road- — “Stop” signs and speed limit signs. As your automobile headlights shine on them they reflect, indicating where they are, and whatever legend they wish is spelled' out.
* ^ * * * * *
X Q. When the light is thrown'on articles like Illustrative Exhibit A it immediately illuminates? — A. No; it reflects the light rays back to you. It doesn’t illuminate, only insofar as it reflects back the light rays-shone upon it.
X Q. If it didn’t illuminate how could you see it? — A. It is self-illuminating.
[319]*319X Q. You call Illustrative Exhibit A self-illuminating? — A. That is the name we put on the signs, self-illuminating.
X Q. So articles like Illustrative Exhibit A you hold out for sale as self-illuminating articles? — A. What we bill them as and catalogue them as.
X'Q. Are they known in your trade as self-illuminating articles? — A. Yes, sir.
X Q. Bought and sold as such? — A. I believe so.
X Q. Do you advertise articles like Illustrative Exhibit A in your catalogue as self-illuminating articles? — A. Yes, sir.
X Q. Have you personally seen articles like Illustrative Exhibit A in signs, illuminating at night, after a light was thrown upon them? — A. Yes, sir.

The trial court in its decision said:

The testimony is clear and convincing that in the imported condition it does not illuminate, either by reflection or otherwise. An inspection of the sample itself discloses this fact. We must take the article for dutiable purposes in its condition as imported. When finished, as shown by Illustrative Exhibit A, it. becomes an article that reflects light for the purposes described, by reason of the material placed on the back thereof, as shown by the testimony, after it arrives in this country.
A careful reading of the statute establishes in our judgment that it is not within the purview of paragraph 218 (c), which refers to finished or unfinished glass articles “for use in connection with artificial illumination.” It requires the doing of something after it is imported to render it of “use in connection with artificial illumination.” The glass article itself, in its imported condition, cannot be used in connection with artificial illumination, for it will not illuminate or reflect anything. Exhibit 1, as stated, has not any illuminating or reflecting qualities whatever. It is merely a lump of clear glass of the shape described. It would seem under the holding in Petrocelli, Beusse & Rogers v. United States, T. D. 46269, 63 Treas. Dec. 515, inasmuch as this merchandise in its imported condition does not reflect light, that it is not dutiable under paragraph 218 (c). In its imported condition Exhibit 1 is an article of glass without any illuminating power. For that reason it would seem that it should be classifiable under paragraph 230 (d) as a manufacture of glass not specially provided for. To be unfinished illuminating glassware an article should have some illuminating qualities, or as was said in Solomon v. United States, 13 Ct. Cust. Appls. 353, T. D. 41256, “pass, reflect, refract, disperse, color, or otherwise affect the light for either practical or ornamental illuminating purposes.”

It will be noticed that paragraph 2.18 (c) provides for “Illuminating* articles of every description, finished or unfinished,

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Bluebook (online)
27 C.C.P.A. 316, 1940 CCPA LEXIS 19, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-horni-signal-mfg-co-ccpa-1940.