INDEX-DIGEST

Decisions Published During the Period
January Through June 1977

Classification

C.D. 4685 Through C.D. 4696

C.D. 4698

C.D. 4699

C.D. 4701

C.D. 4702

Valuation

C.D. 4686*

C.D. 4697

C.D. 4700

C.D. 4703

C.D. 4704

R.D. 11779

Rules

C.R.D. 77-1 Through C.R.D. 77-5

* C.D. 4686 involves classification and valuation questions.

(241)

INDEX-DIGEST

Classification

ABSENCE OF ISSUE OF MATERIAL FACT

SUMMARY JUDGMENT (see URETHANE PASTES, C.D. 4685).

ACTION NOT COMMENCED BY PROPER PARTY

JURISDICTION (see URETHANE PASTES, C.D. 4685).

ADVANCED IN VALUE (see AMERICAN GOODS RETURNED, C.D.
4692).

AIRPLANES (see AMERICAN GOODS RETURNED, C.D. 4692).
AMERICAN GOODS RETURNED

ADVANCED IN VALUE (see AMERICAN GOODS RETURNED, C.D. 4692).
AIRPLANES

Importer sought to establish a duty-free entry for the American-
made components of an imported DC-9 airplane notwithstanding its
noncompliance with applicable customs regulations.

On the record presented on rehearing, and having found that the evi-
dence established (1) that the district director had not refused to
permit entry of the aircraft in issue under TSUS item 800.00 as claimed
by the importer but had given an opinion solicited by the importer's
customs broker to the effect that the aircraft would be treated as a
fully dutiable importation, and the importer had elected to make a
dutiable entry of the aircraft on the basis of such administrative
opinion, and (2) that the returned airplane appeared to have been
modified while in service in a foreign country so as to be advanced in
value or improved in condition upon its return to the United States,
the court held there was no basis in law or in fact to warrant disturb-
ing the decision and judgment entered in the case which overruled the
importer's claim for duty-free entry under item 800.00. Decision and
judgment in C.D. 4604 to stand. McDonnell Douglas Corp., C.D. 4692__
Rehearing denied June 15, 1977.

DUTY ALLOWANCE

Certain Z-beams, products of the United States, were processed in
Mexico into floating sills and thereafter assembled into railroad cars
classified as railroad and railway rolling stock under item 690.15,
Tariff Schedules of the United States. Plaintiff did not dispute the
said classification but claimed a duty allowance of $395.22 per car
in the appraisement under item 807.00, TSUS. The claimed allowance
is for the cost or value of 400 Z-beams which were first processed in
Mexico into floating center sills, and thereafter assembled into the im-
ported railroad cars.

On the record presented the court held that the imported merchan-
dise failed to qualify as articles exported in condition ready for as-
sembly without further fabrication and as having not been advanced
in value or improved in condition abroad except by being assembled
and except by operations such as cleaning, lubricating and painting
as required by clauses (a) and (c) of item 807.00 of the tariff
schedules. Accordingly, the protests were overruled. Rudolph Miles,
C.D. 4689__

Appealed to U.S. Court of Customs and Patent Appeals, Appeal
77-18.
IMPROVEMENT IN CONDITION (see AMERICAN GOODS RETURNED,
C.D. 4692).

VOLUNTARY ENTRY (see AMERICAN GOODS RETURNED, C.D. 4692).
Z-BEAMS (see AMERICAN GOODS RETURNED, C.D. 4689).

245-925 - 78 - 19

ANTIDUMPING ACT OF 1921, AS AMENDED
SPECIAL DUMPING DUTIES, LEGALITY OF

Defendant moved for partial summary judgment as to one of two
causes of action in a civil action wherein plaintiff had challenged
the legality of special dumping duties that were assessed under the
Antidumping Act of 1921, as amended (19 U.S.C. 160 et seq.) against
certain asbestos cement pipe which was imported from Japan.

In that cause of action, plaintiff contended that the Tariff Com-
mission's determination of injury, a necessary precondition to the
assessment of dumping duties, was invalid under 19 U.S.C. 160 (a)
on the ground that it was achieved by a two to two vote of the five
Commissioners who attended the meeting on the injury question, while
the fifth Commissioner present at the meeting declined to vote.
Plaintiff filed a cross-motion for summary judgment. The court held
that the Tariff Commission's determination of injury was valid as
a matter of law; that it was not necessary for all six of the Tariff
Commission's members to participate in any given meeting in order
for the Commission to take valid action; and that a majority was
sufficient. Accordingly, defendant's motion for partial summary judg-
ment as to plaintiff's first cause of action was granted and plaintiff's
cross-motion for summary judgment was denied. Voss International
Corp., C.D. 4698___

ASBESTOS CEMENT PIPE (see ANTIDUMPING ACT OF 1921, AS
AMENDED, C.D. 4698).

BENT PIPE (see PIPE AND PIPE FITTINGS, C.D. 4686).
BOUNTY, INDIRECT (see COUNTERVAILING DUTY, C.D. 4691).
CANDIED PINEAPPLE

PRESERVED PINEAPPLE

Certain merchandise invoiced as "Drained preserved pineapple"
was classified as candied, crystallized, or glace fruits under item
154.45. Tariff Schedules of the United States, as modified by T.D. 68–9,
and was claimed to be prepared or preserved pineapple under TSUS
item 148.98, as modified.

On the record presented, the court held the importations were
properly classified as candied pineapple, inasmuch as they contained
between 72.4% and 74% of soluble sugar solids, were produced by the
so-called slow-impregnation process, and were primarily used in baking
for fruitcakes and for making higher concentrated glace and crystal-
lized fruit. Accordingly, plaintiff's claim was overruled. S & T Imports,
Inc., C.D. 4690_.

CAST IRON, COLUMNS, PILLARS, POSTS AND SIMILAR STRUC-
TURAL UNITS OF (see ILLUMINATING ARTICLES AND PARTS,
OF BASE METAL, OTHER, C.D. 4702).

CHIEF USE, AMUSEMENT (see INFLATABLE FLOATS-TOYS, C.D.
4688).

CLASSIFICATION

DETERMINED BY CONDITION AS IMPORTED (see PIPE AND PIPE FIT-
TINGS, C.D. 4686).

COLUMNS (see ILLUMINATING ARTICLES AND PARTS, OF BASE
METAL, OTHER, C.D. 4702).

COMMODITY TAX, REMISSION, EXEMPTION (see COUNTERVAIL-
ING DUTY, C.D. 4691).

COMMON MEANING

CANDIED (see CANDIED PINEAPPLE, C.D. 4690).

CANDIED FRUITS (see CANDIED PINEAPPLE, C.D. 4690).

CANDYING PROCESS (see CANDIED PINEAPPLE, C.D. 4690).
GLACED FRUITS (see CANDIED PINEAPPLE, C.D. 4690).

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