United States v. Sandoz Chemical Works, Inc.

46 C.C.P.A. 115
CourtCourt of Customs and Patent Appeals
DecidedJune 30, 1959
DocketNo. 4976
StatusPublished
Cited by6 cases

This text of 46 C.C.P.A. 115 (United States v. Sandoz Chemical Works, 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. Sandoz Chemical Works, Inc., 46 C.C.P.A. 115 (ccpa 1959).

Opinion

Martin, Judge,

delivered the opinion of the court:

This is an appeal from a judgment of the Customs Court, First Division, C.D. 1956 and Abs. 62222, sustaining the importer’s protest, and holding the imported merchandise to be classifiable under paragraph 5 of the Tariff Act of 1930, as modified by the Torquay Protocol to the General Agreement on Tariffs and Trade, T.D. 52739, at the rate of 12^ per centum ad valorem, as a chemical compound. The subject importation was classified by the collector under paragraph 24 of the Tariff Act of 1930 at the rate of 20 cents per pound and 25 per centum ad valorem as an “alcoholic compound.” The applicable portions of the paragraphs read as follows.

Paragraph 5 of the Tariff Act of 1930, as modified by T.D. 52739:

All chemical elements, all chemical salts and compounds, all medicinal preparations and all combinations and mixtures of any of the foregoing, all the foregoing obtained naturally or artificially and not specially provided for * * *-12%% ad val.

Paragraph 24 of the Tariff Act of 1930:

Chemical elements, and chemical and medicinal compounds, preparations, mixtures, and salts, distilled or essential oils, expressed or extracted oils, animal oils and greases, ethers and esters, flavoring and other extracts, and natural or synthetic fruit flavors, fruit esters, oils and essences, all the foregoing and their combinations when containing alcohol, and all articles consisting of vegetable or mineral objects immersed or placed in, or saturated with, alcohol, except perfumery and spirit varnishes, and all alcoholic compounds not specially provided for, if containing 20 per centum of alcohol or less, 20 cents per pound and 25 per centum ad valorem; * * * (Emphasis added.)

The imported merchandise, called “Plastine,” is a chemical composition used on textiles to prevent wrinkling. The composition comprises a urea-formaldehyde condensation product and, as a polymerization inhibitor, methyl alcohol in an amount stipulated to be less than twenty percent by weight.

The Customs Court found that the provision in paragraph 24 for “alcoholic compounds” encompasses only those compositions wherein ethyl alcohol is present. Since the merchandise at bar contains methyl alcohol, the court held the importation not classifiable under that provision, but rather embraced within the residual provisions of paragraph 5, as a mixture of chemical compounds not specially provided for, and so finding, sustained the protest.

Appellant contends that the lower court erred in restricting “alcoholic compounds,” as set forth in paragraph 24, to those “compounds” [117]*117containing ethyl alcohol. It claims that the term “alcohol” is a class designation, which is free of limitation, and thereby embraces all members of the class, including both methyl alcohol and ethyl alcohol.

An “alcoholic compound” in the tariff sense includes mixtures wherein an “alcohol” is present, as well as a true compound in the chemical sense. C. H. Arnold & Co. v. United States, 20 CCPA 417, T.D. 46259. Therefore, the issue before us is drawn to the legal significance of the term “alcoholic” in paragraph 24. Was it the intent of Congress to limit the “alcoholic compounds” provided for therein to those which contain ethyl alcohol ?

Of course we are aware that the term “alcohol” is used in many of the provisions of the Tariff Act of 1930 and its meaning in some of the paragraphs may be clear. However, we do not find it so with reference to paragraph 24. Therefore, in endeavoring to ascertain the congressional intent as to the word “alcoholic” in paragraph 24, it is imperative that we apply the usual principles of statutory construction which have guided this court so many times before.

The cardinal principle to be invoked is that Congress utilized the common meaning of the word in issue absent evidence of a contrary commercial designation. Nylos Trading Company v. United States, 37 CCPA 71, C.A.D. 422, and cases there cited. We find nothing of significance which would warrant the determination that other than the common meaning of the term “alcohol” was intended here.

It is fundamental that we may refer to lexicons and other suitable authorities to aid us in determining the common meaning of a word. United States v. Tropical Craft Corp., 42 CCPA 223, C.A.D. 598; United States v. C. J. Tower & Sons, 44 CCPA 1, C.A.D. 626; Floral Arts Studio, et al. v. United States, 46 CCPA 21, C.A.D. 690. With reference to “alcohol,” the applicable authorities are numerous. They indicate clearly that the common meaning of the word is limited to ethyl alcohol or ethanol.

Webster’s New International Dictionary, 1932, defines alcohol as:2

3. A colorless, volatile, inflammable liquid, C2HBOH, one of the products of vinous fermentation and contained in wine (hence called spirit of wine), beer, whisky, and the other fermented and distilled liquors, of which it is the intoxicating principle; also, loosely, any liquor containing it. * * *

Funk & Wagnall’s New Standard Dictionary, 1931, gives the meaning of alcohol as:

1. A volatile, inflammable, colorless liquid (GJLOH) of a penetrating odor and burning taste, derived principally from sugars and sugar-giving substances, as by fermentation and subsequent distillation; the intoxicating principle of wines and other fermented beverages; ethyl alcohol. * * *

[118]*118The same two authorities state the chemical definition of the word in question in the following terms:

'Webster's

4. Ohem. Any one of a class of compounds analogous to common alcohol in constitution. All are hydroxides of organic radicals; as, common or ethyl alcohol, C2H5OH (see del'. 3, above) ; methyl alcohol or wood alcohol, CELOH, * * *

Fwnlc <& Wagnail's

3. Ohem. One of a group of the general formula CnH2„+iOH * * *

The Condensed Chemical Dictionary, 1930, points out that:

The term as used, m common parlance applies to ethyl alcohol. Chemically, alcohol is a generic term applied to a series of compounds, * * * (Emphasis added.)

Additionally, Hackh’s Chemical Dictionary, 1929, supplies the following meaning:

Alcohol.
(1) Ethanol or ethyl alcohol.

Also, the text “Chemicals of Commerce,” 1939, by Snell & Snell asserts that:

The most common alcohol, ethyl alcohol, is next in importance to water as a solvent and may be said to occupy the same position in organic chemistry as water does in inorganic chemistry. When only alcohol is specified ethyl alcohol is meant. * * * (Emphasis added.)

The above references all indicate that the common understanding of alcohol is more limited than the scientific meaning of the term, and is restricted to ethyl alcohol.

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Bluebook (online)
46 C.C.P.A. 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-sandoz-chemical-works-inc-ccpa-1959.