W. R. Filbin & Co. v. United States

65 Cust. Ct. 194, 1970 Cust. Ct. LEXIS 3056
CourtUnited States Customs Court
DecidedSeptember 18, 1970
DocketC.D. 4077
StatusPublished
Cited by1 cases

This text of 65 Cust. Ct. 194 (W. R. Filbin & Co. 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
W. R. Filbin & Co. v. United States, 65 Cust. Ct. 194, 1970 Cust. Ct. LEXIS 3056 (cusc 1970).

Opinion

Newman, Judge:

This case concerns the proper rate of duty on certain coils of cold-rolled coated steel imported from Canada and entered in 1967 at the port of Detroit. The merchandise was classified by the Government as “Other” articles of iron or steel, not coated or plated with precious metal, under item 657.20 of the Tariff Schedules of the United States (TSUS); and accordingly the merchandise was assessed with duty at the rate of 19 per centum ad valorem.

Plaintiff claims that the importation is enamel coated sheet steel coils and is properly dutiable at the rate of 0.1 cent per pound plus 8 per centum ad valorem under item 608.87, TSUS.

We sustain the protest.

Statutes Involved
Classified under:
Schedule 6. — Metals and Metal Products Part 3. — Metal Products
Subpart G. — Metal Products Not Specially Provided For
Subpart G headnotes:
1. This subpart covers only articles of metal which are not more specifically provided for elsewhere in the tariff schedules.
* * $ * $ * *
[196]*196Articles of iron or steel, not coated or plated with precious metal:
Cast-iron articles, not alloyed.:
‡ ^ ‡ ‡ ‡ ^
Other articles:
657.20 Other 19% ad val.
Claimed under:
SCHEDULE 6. — METALS AND MeTAL PRODUCTS
Part 2. — Metals, Their Allots, and Their Basic Shapes and Forms
Part 2 headnotes:
1. This part covers precious metals and base metals (including such metals when they are chemically pure), their alloys, and their so-called basic shapes and forms, and, in addition, covers metal waste and scrap. Unless the context requires otherwise, the provisions of this part apply to the products described by whatever process made (i.e., whether rolled, forged, drawn, extruded, cast or sintered) and whether or not such products have been subjected to treatments to improve the properties or appearance of the metals or to protect them against rusting, corrosion or other deterioration. These treatments include annealing, tempering, case-hardening and similar heat-treatments or nitriding; descaling, pickling, scraping, scalping and other processes to remove oxidation scale and crust; rough coating with oil, tar, grease, red lead, or other material to prevent rusting; polishing, burnishing, glazing, artificial oxidation, phos-phatizing, and other finishing treatments; metallization by cementation, by electroplating, by immersion in a bath of molten metal, or by other means; coating with enamel, paint, lacquer, or other non-metallic substances; and cladding. * * *
* * * * * * *
Subpart B. — Iron or Steel
Subpart B headnotes:
1. This subpart covers iron and steel, their alloys, and their so-called basic shapes and forms, and in addition covers iron or steel waste and scrap.
* ‡ ‡ ‡ ‡ *
[197]*197Plates and Sheets of iron or steel, not cut, not pressed, and not stamped to non-rectangular shape (except as provided in item 609.17):
Not coated or plated with metal and not clad:
Black plate:
*******
Other:
Pickled or cold rolled:
608.87 Other than alloy iron or steel_ 0.1$ per lb. plus
8% ad val.

The Record

Plaintiff caUed as its sole witness Richard M. Thornton, president of Litho-Strip Corporation, for whose account the merchandise was imported; and introduced in evidence a representative sample of the imported merchandise. Additionally, the official papers were admitted in evidence, and deemed marked.

The Government called no witnesses, and offered no exhibits.

The Facts

The imported material is cold rolled steel, 0.0197 inch in thickness and 86 inches wide, in the form of coils. If these coils were unrolled, the material would be approximately 10,000 feet in length, and would be in the shape of a long rectangle.

When imported, the steel was coated on one side with three layers of “alkyd” in a walnut grain pattern, while a light brown wash coat was put on the reverse side. Mr. Thornton described the “alkyd” coating as follows (R. 9):

* * * “Alykd” come from the first part of “alcohol,” the last part of “acid.” It’s a’coating which is produced by a — with a resin which is manufactured by using a fatty acid drying oil with a thallic anhydride, which is the alcohol-type material. Also includes pigments to give it its color. On the one side it’s a walnut wood gram pattern or print coating. On the reverse side it’s a light brown wash coat of the same type of material without a pattern.

The three coats of alkyd are applied to the sheets, by means of a continuous process, in the following maimer: After several preliminary operations to prepare the steel for coating, a roll coater applies the base coat of light brown color.

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Related

W. R. Filbin & Co. v. United States
73 Cust. Ct. 56 (U.S. Customs Court, 1974)

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Bluebook (online)
65 Cust. Ct. 194, 1970 Cust. Ct. LEXIS 3056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/w-r-filbin-co-v-united-states-cusc-1970.