United States v. Shoji

534 F.2d 320, 63 C.C.P.A. 79
CourtCourt of Customs and Patent Appeals
DecidedMay 13, 1976
DocketNo. 75-31 C.A.D. 1169
StatusPublished
Cited by10 cases

This text of 534 F.2d 320 (United States v. Shoji) 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. Shoji, 534 F.2d 320, 63 C.C.P.A. 79 (ccpa 1976).

Opinion

Rich, Judge.

This appeal is from the judgment of the United States Customs Court, 74 Cust. Ct. 121, C.D. 4595, 396 F. Supp. 748 (1975), granting appellee-importer’s motion for summary judgment and denying the Government’s cross-motion for summary judgment. The Customs Court sustained appellee’s claim that the imported synthetic rubber footwear, imported in 1962 and 1963 and classified as “Articles * * * composed wholly or in part of carbon,” are properly classified as “synthetic rubber articles.” We affirm.

The Imported Articles

Appellee’s “statement of material facts as to which [it] * * * contends there is no genuine issue to be tried,” annexed to its motion for summary judgment, reads:

* * * the merchandise at bar consists of black colored articles in chief value of synthetic rubber variously described as synthetic rubber boots, overshoes, artics [sic], sandals and clogs. The articles are in chief value of synthetic rubber and the carbon contained in them adds substantial additional qualities, such as reinforced tensile strength, abrasion resistance and tear resistance in addition to pigmentation.

In its cross-motion, the Government adopted this statement, with the elaboration that

* * * the merchandise the subject of this dispute contains carbon in amounts intentionally introduced for the purpose of adding substantial additional qualities to the footwear * * *.

Statutory Provisions

The Government classified the merchandise under paragraph 216 of the Tariff Act of 1930, as modified by T.D. 51802:

216 Articles or wares composed wholly or in part of carbon or graphite, wholly or partly manufactured, not specifically provided for. 15% ad val.

The Customs Court held that the merchandise is properly classifiable under paragraph 1558 of the Tariff Act of 1930, as modified by T.D. 54108:

1558 All articles manufactured, in whole or in part, not specially provided for: Synthetic rubber and synthetic rubber articles * * * ... 8Vz% ad val.

Customs Court Opinion

The court relied heavily on the opinion in Rettinger Raincoat Mfg. Co. v. United States, 57 CCPA 119, C.A.D. 989, 427 F.2d 1258 (1970). After quoting from Rettinger extensively, the court concluded (footnote omitted):

[81]*81If rainwear in chief value of synthetic rubber with a small amount of carbon added for purpose of color is not classifiable under paragraph 216, I find it difficult to conclude that footwear in chief value of synthetic rubber with an undisclosed amount of carbon added is properly classifiable under paragraph 216. For tariff purposes, the added carbon in Rettinger did not change articles of rainwear in chief value of synthetic rubber into articles of rainwear composed in part of carbon. I am of the opinion that the footwear in this case is on the same level as rainwear with respect to the statement in Rettinger, namely, that paragraph 216 “was not intended to encompass articles such as are in issue here.”

OPINION

The issue is whether Congress intended paragraph 216 to encompass the goods at bar.

The parties agree that the goods are in chief value of synthetic rubber and contain sufficient carbon to add substantial beneficial qualities to the rubber. Paragraph 216 requires that goods classifiable thereunder be “composed” wholly or in part of carbon or graphite. The goods are certainly not wholly of carbon, and the carbon added to the rubber does not cause the rubber to take on properties of elemental carbon. The word “composed” is not sufficiently precise to be a reliable guide to Congressional intent, so we resort to rules of construction to help us ascertain that intent.

Under the rule of noscitur a sociis the intent of a specific word may become clearer by reference to the other words associated with it in the statute. See generally R. Sturm, A Manual of Customs Law 177-79 (1974) and cases there cited. Schedule 2 of the Tariff Act of 1930 is entitled “Earths, Earthenware, and Glassware.” The provisions of paragraph 216 other than the one before us, which precede the n.s.p.f. provision at bar, cover carbons and electrodes for producing electric arc light, electric furnace or electrolytic electrodes of carbon or graphite, and brushes for electric motors and generators. The remainder of Schedule 2 pertains primarily to earths, ceramics, glass, and articles of glass. Articles in chief value of synthetic rubber appear to have no place in Schedule 2.

Furthermore, to classify the goods at bar under paragraph 216 would be inconsistent with other provisions of the Tariff Act of 1930 and would produce anomalous results which we cannot attribute to Congress. Cohn & Rosenberger v. United States, 4 Ct. Cust. Appls. 378, T.D. 33536 (1913). First, articles in chief value of natural rubber are classified under paragraph 1537(b) without regard to the presence or absence of carbon. We see no rational basis for concluding that presence of carbon as a filler, adding substantial qualities to natural rubber, should not affect the classification of natural rubber articles while finding that the carbon added to the synthetic rubber goods at bar should transform them from synthetic rubber articles to “articles composed in part of carbon.” Second, carbon is not the only reinforcing filler [82]*82for synthetic rubber. Even if carbon is the most desirable filler for the purpose, the statute evidences no Congressional intent to classify synthetic rubber articles with carbon filler differently from synthetic rubber articles with other fillers or no filler.

The Government contends that the properties added to the goods by the carbon distinguish this case from Rettinger, supra, which the Government insists found the carbon added to the goods to be of no significance to classification under the maxim de minimis non curat lex. That may be. But the differences in the facts between this case and Rettinger require us to reexamine the legal issue common to both, i.e., whether Congress intended the respective goods to be classified under paragraph 216.

In addition to the foregoing reasons for holding that Congress did not intend paragraph 216 to cover goods such as those at bar, we draw attention to what this court said in United States v. Weather-Rite Sportswear Co., 52 CCPA 7, 10, C.A.D. 848 (1964), concerning the modification of paragraph 1558 by the General Agreement on Tariffs and Trade (GATT, emphasis ours):

We have taken cognizance of appellant’s contention that the modification by GATT of the rate o'f duty provided by paragraph 1558 did not bring within the scope of that paragraph any items not previously covered thereby. We take no exception to the soundness of the legal principle embodied in this contention.
* * * It clearly appears that it was the intention of the negotiators of GATT to include all synthetic rubber articles within the provision for such articles negotiated under paragraph 1558.

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534 F.2d 320, 63 C.C.P.A. 79, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-shoji-ccpa-1976.