Page images
PDF
EPUB

INDEX-DIGEST

Decisions Published During the Period
July through December 1979

Classification

C.D. 4812 through C.D. 4820
C.D. 4822 through C.D. 4824
C.D. 4826

C.D. 4828 through C.D. 4834

Valuation

C.D. 4821

C.D. 4825

C.D. 4827

Rules

C.R.D. 79-12 through C.R.D. 79–18

(283)

INDEX-DIGEST

Classification

Page.

ACTION DISMISSED (see DISMISSAL OF ACTION, C.D. 4834).
ADMINISTRATIVE HEARINGS

DUE PROCESS (See SULPHUR, ELEMENTAL, C.D. 4823).
AFFIRMATIVE INJURY DETERMINATION

TARIFF COMMISSION (see SULPHUR, ELEMENTAL, C.D. 4823).
AMERICAN GOODS RETURNED (see DISMISSAL OF ACTION, C.D.
4834).

ANALOGOUS BIOLOGICAL PRODUCT (see DIAGNOSTIC SERUM,
C.D. 4830).

ANTIDUMPING (see SULPHUR, ELEMENTAL, C.D. 4823).

ANTIQUES

(see CORAL AND JADE CARVINGS, C.D. 4829).

DUTY-FREE ENTRY (see CORAL AND JADE CARVINGS, C.D. 4829).
EXPERT TESTIMONY (see CORAL AND JADE CARVINGS, C.D. 4829).
APPARATUS TO MAKE, BREAK, PROTECT OR CONNECT AN ELEC-
TRICAL CIRCUIT (see MOTION TO DISMISS GRANTED, C.D. 4828).
ARTICLE OF PURELY DEVOTIONAL CHARACTER (see COMMUN-
ION PINS, C.D. 4833).

ARTICLES

EXPORTED TO THE UNITED STATES BEFORE 12:01 A.M. *** September 21,
1976 *
**; construction (see DATE of EXPORTATION TO THE
UNITED STATES, C.D. 4826).

OF COPPER, NOT COATED OR PLATED WITH PRECIOUS METAL (see UNFIN-
ISHED METAL FLATS, C.D. 4831).

BALUNS, IMPEDANCE MATCHING COUPLERS, MATCHING TRANS-

FORMERS

OTHER TRANSFORMERS

Certain merchandise known as baluns, impedance matching cou-
plers or matching transformers, classified under item 682.05, Tariff
Schedules of the United States, as transformers rated at less than 1
kva, was claimed to be properly classifiable under TSUS item 685.20
as television apparatus and parts or, alternatively, if found to be
transformers, under TSUS item 682.07, the provision for "Other"
transformers.

Defendant in its brief conceded that model CA-2600F had two co-
equal functions, and the testimony had demonstrated said merchandise
to be properly subject to duty under item 685.20. As to the balance of the
imported merchandise, the court held it was properly subject to clas-
sification under TSUS item 682.07, as claimed. On the record presented
and lexicographic definitions, the court held the imported articles
were transformers. While the record reflected the importations not to
be capable of handling 1 kva, they were nevertheless not embraced
by the statutory language of TSUS item 682.05 since they were not
rated. The court stated that the term "Other," set forth in TSUS item
682.07, includes transformers rated at more than 1 kva or those not
rated. RMS Electronics, C.D. 4818____

Appealed to U.S. Court of Customs and Patent Appeals, appeal 80-2
BIOLOGICAL PRODUCT

SERUM USED FOR DIAGNOSIS (see DIAGNOSTIC SERUM, C.D. 4830).

37

[blocks in formation]

BRAIDS

LEGISLATIVE HISTORY (see HANDBAGS, C.D. 4813). BURDEN OF PROOF

CLASSIFICATION

(see HUNTING KNIVES, C.D. 4832).

(see PHOTOTYPESETTING MACHINES, C.D. 4815). CARVINGS

CORAL (see CORAL AND JADE CARVINGS, C.D. 4829).
CORAL AND JADE (see CORAL AND JADE CARVINGS, C.D. 4829).
JADE (see CORAL AND JADE CARVINGS, C.D. 4829).
CERAMIC

ELECTRICAL

Insulators (see TRANSLUCENT ALUMINA TUBES, C.D. 4817)
Ware (see TRANSLUCENT ALUMINA TUBES, C.D. 4817).
WARES, AND ARTICLES OF SUCH WARES, NOT SPECIALLY PROVIDED FOR:
Of porcelain or subporcelain (see TRANSLUCENT ALUMINA
TUBES, C.D. 4817).

*** Other (see TRANSLUCENT ALUMINA TUBES, C.D. 4817). CHIEF USE (see MOTION TO DISMISS GRANTED, C.D. 4828). CLASSIFICATION

BURDEN OF PROOF

(see HUNTING KNIVES, C.D. 4832).

(see PHOTOTYPESETTING MACHINES, C.D. 4815).

HUNTING KNIVES WITH METAL POMMELS AND METAL GUARDS (see HUNT-
ING KNIVES, C.D. 4832).

TRADE MEANING (see HUNTING KNIVES, C.D. 4832).

CLOCK-RADIOS

SOLID-STATE (TUBELESS) RADIO RECEIVERS

This matter was before the Customs Court on cross-motions for summary judgment, pursuant to rule 8.2(a) of the court. The issue presented was identical to that in Montgomery Ward & Co., Inc. v. United States, 74 Cust. Ct. 125, C.D. 4596 (1975).

Certain solid-state (tubeless) clock-radios were classified under item 685.23, Tariff Schedules of the United States, as modified by T.D. 68–9, as solid-state (tubeless) radio receivers. Plaintiff claimed the importations were properly classifiable under TSUS item 685.50, as modified, as other combination articles, or alternatively, under TSUS item 685.25, as modified, as other radio reception apparatus. Additionally, pursuant to schedule 7, part 2, subpart E, headnote 5, TSUS, the clock movements were constructively separated from the remainder of the merchandise and separately assessed with duty at the rate of 45 cents per clock, the rate applicable to TSUS item 770.02, as modified. Plaintiff in its reply brief stated that it was not challenging the separate assessment of duties on the clock movements, although it had contested that assessment in its complaint. Accordingly, the court dismissed that claim. Agreeing with defendant's position for the reasons previously expressed in Montgomery Ward & Co., Inc. v. United States, supra, at 132–133, the court held that the solid-state (tubeless) radio receivers were properly classifiable under TSUS item 685.23, "whether or not incorporating clocks, or other timing apparatus". Accordingly, defendant's motion for summary judgment was granted, plaintiff's cross-motion was denied; and, the action was dismissed. General Electric Company, C.D. 4822--

Appealed to U.S. Court of Customs and Patent Appeals, appeal 79-39
COMBINATION ARTICLES, OTHER (see CLOCK-RADIOS, C.D. 4822).
COMMON

AND COMMERCIAL MEANING; TARIFF TERMS (see COTTON FISHING NET,
C.D. 4819).

MEANING

Enlarger (see PHOTOTYPESETTING MACHINES, C.D. 4815).
Fishnets (see COTTON FISHING NET, C.D. 4819).

Presumption as to (see COTTON FISHING NET, C.D. 4819).

Page

56

COMMUNION PINS

Jewelry and other objects of personal adornment, other

This case came before the Customs Court on cross-motions for summary judgment. Certain Communion pins imported from Italy were classified under item 740.38, Tariff Schedules of the United States, as modified by T.D. 68-9, as other jewelry and other objects of personal adornment valued over 20 cents per dozen pieces or parts, and were claimed to be properly classifiable under TSUS item 740.60, as modified by T.D. 68-9, as other religious articles of a purely devotional character designed to be worn on apparel or carried on or about or attached to the person. The single issue for determination was whether the imported Communion pins were "purely devotional" within the meaning of item 740.60.

On the record presented, the court found that the Communion pins at bar were commemorative in nature much in the manner of a graduation pin or ring; that they were not of a purely devotional character, but rather were "really a memento of the religious event." Holding that plaintiff had failed to sustain its burden of establishing that the imported Communion pins were of a purely devotional character within the meaning of TSUS item 740.60, the court denied plaintiff's motion for summary judgment and granted defendant's cross-motion. Accordingly, the action was dismissed. Loffredo Bros., Inc., C.D. 4833_ CONFIDENTIAL BUSINESS DATA

TARIFF COMMISSION RULES OF PRACTICE AND PROCEDURE, RULE 201.6 (see SULPHUR, ELEMENTAL, C.D. 4823).

TRADE SECRETS (see SULPHUR, ELEMENTAL, C.D. 4823).
CONSTITUTIONALITY OF STATUTE

JUDICIAL DETERMINATION; DUE PROCESS REQUIREMENTS (see SHIP RE-
PAIRS, C.D. 4820).

PRESUMPTION (see SHIP REPAIRS, C.D. 4820).

CONSTRUCTION

ADDITIONAL DUTY ORDER (1971)

No. 3 (see DATE OF EXPORTATION TO THE UNITED STATES,
C.D. 4826).

No. 4 (see DATE OF EXPORTATION TO THE UNITED STATES,
C.D. 4826).

ANTIDUMPING ACT, SEC. 201(a) (see SULPHUR, ELEMENTAL, C.D.
4823).

"ARTICLES EXPORTED TO THE UNITED STATES BEFORE 12:01 A.M. * * September 21, 1976 ***” (see DATE OF EXPORTATION TO THE UNITED STATES, C.D. 4826).

CODE OF FEDERAL REGULATIONS

Title 19

Sec. 14.3 (b) (1972) (see DATE OF EXPORTATION TO THE
UNITED STATES, C.D. 4826).

Sec. 152.1 (c) (1976) (see DATE OF EXPORTATION TO THE
UNITED STATES, C.D. 4826).

Sec. 174.29 (1974) (see DISMISSAL OF ACTION, C.D. 4834).
Sec. 174.30 (1974) (see DISMISSAL OF ACTION, C.D. 4834).
Sec. 201.9 (1972) (see SULPHUR, ELEMENTAL, C.D. 4823).
Sec. 201.11 (1972) (see SULPHUR, ELEMENTAL, C.D. 4823).
Sec. 201.11 (c) (1972) (see SULPHUR, ELEMENTAL, C.D. 4823).
Sec. 201.12 (b) (1972) (see SULPHUR, ELEMENTAL, C.D. 4823).
Sec. 201.12 (c) (1972) (see SULPHUR, ELEMENTAL, C.D. 4823).
CUSTOMS REGULATIONS

Sec. 14.3 (b) (see DATE OF EXPORTATION TO THE UNITED
STATES, C.D. 4826).

Sec. 152.1 (c) (see DATE OF EXPORTATION TO THE UNITED
STATES, C.D. 4826).

Sec. 173.4 (see DISMISSAL OF ACTION, C.D. 4834).

DATE OF EXPORTATION (see DATE OF EXPORTATION TO THE UNITED
STATES, C.D. 4826).

NOT SPECIALLY PROVIDED FOR CLAUSE (see SOLUTION ADMINISTRA-
TION SETS, C.D. 4812).

Page

147

« PreviousContinue »