DocketNumber: Court No. 81-9-01162
Citation Numbers: 565 F. Supp. 1044
Judges: Watson
Filed Date: 4/13/1983
Status: Precedential
Modified Date: 11/26/2022
This case involves the classification of imported merchandise described as “Vise Grips” on the invoice. The merchandise was classified as wrenches under Item 648.-97
The Court finds that the plaintiff has failed to establish by a preponderance of the evidence that the classification by the Customs Service was erroneous and that its own claim is correct.
In this case it is necessary to ascertain the common meanings of the tariff provisions in question and analyze this tool in their light. E. Green and Son v. United States, 59 CCPA 31, C.A.D. 1032, 450 F.2d 1396 (1971). In making its determination of common meaning, the Court has reviewed the case law, examined dictionaries
This imported tool does have a superficial resemblance to pliers, in that it possesses two handles. But the presence of two handles is not inconsistent with classification as wrenches, United States v. Ritter Carlton Co., supra. The most significant fact in evidence is that the tool is designed to lock its jaws in position in order to maximize wrenching power. An adjustment screw on one handle allows the jaws to be closed to the approximate size of an object, and the complex levering action of the other handle locks the jaws onto the object with great pressure. This dominant feature allows the user to concentrate muscular force completely on a wrenching movement.
The Court concludes that the possible plier uses of this tool for such tasks as bending wire or manipulating small objects are insignificant.
Plaintiff did not pursue its claimed alternative classification of this tool as a clamp and it is clear that any clamping action is part of its function as a wrench.
The plaintiff has failed to establish by a preponderance of the evidence that this tool possesses an independent and significant function which is inconsistent with its classification as a wrench. The unlimited eo nomine provision for wrenches includes these articles. Nootka Packing Co. v. United States, 22 CCPA 464, T.D. 47464 (1935).
For these reasons, the correct classification of these articles is as wrenches under Item 648.97 TSUS, dutiable at the rate of 10.8 percent ad valorem.
Judgment will enter accordingly.
JUDGMENT
That plaintiffs claims are DENIED.
. Item 648.97, TSUS, as modified by Proclamation NO. 4707:
“648.97 Pipe tools (except cutters), wrenches, and spanners, and parts thereof________ 10.8% ad val”
. A Item 648.85, TSUS:
“Pliers, nippers, and pincers, and hinged tools for holding and splicing wire, and parts of the foregoing:
!(! !‡5 }(; * ifc
A Item 648.85 Other (except parts) ..... Free”
. A Item 639.37, TSUS:
“A Item 649.37 Vises and clamps (except parts of, or accessories for, machine tools ...... Free”
. Audel’s New Mechanical Dictionary for Technical Trades (1960); Webster’s Third New International Dictionary (1963).