Opinion · Court of Customs and Patent Appeals

International Spring Mfg. Co. v. United States

Int’l Spring Mfg. Co. v. United States, 641 F.2d 875 (C.C.P.A. 1981)

Type
Opinion
Court
Court of Customs and Patent Appeals
Jurisdiction
Federal
Date
1981-02-19
Topic
litigation

Nies, Judge. This appeal is from the judgment of the U.S. Customs Court (hereinafter the U.S. Court of International Trade), 496 F. Supp. 279, 85 Cust.

Citator

UpLaw has not yet analyzed International Spring Mfg. Co. v. United States. The absence of a flag is not a finding that it is good law.

Cited by
1 opinion
INTERNATIONAL SPRING MFG. v. UNITED STATES,641 F.2d 875(C.C.P.A. 1981)
INTERNATIONAL SPRING MFG. CO., APPELLANT, v. UNITED STATES, APPELLEE.
Customs Appeal No. 80-37.
United States Court of Customs and Patent Appeals.
February 19, 1981.
Doherty Melahn, Boston, Mass., attorneys for appellant.

Alice Daniel, Asst. Atty. Gen., Washington, D.C., David M. Cohen, New York City, Director, Joseph I. Liebman, Attorney in charge, Robert H. White, New York City, of counsel, for appellee.
Appeal from the United States Customs Court.
Before MARKEY, Chief Judge, RICH, BALDWIN, MILLER, and NIES, Associate Judges.
NIES, Judge.
[1] This appeal is from the judgment of the United States Customs Court (hereinafter the United States Court of International Trade),496 F. Supp. 279, 85 Cust.Ct. ___, C.D. 4862, sustaining the classification of leaf springs suitable for use on variousPage 876kinds of non self-propelled trailers as other springs under item 652.88 rather than as springs suitable for motor vehicle suspension under item 652.84.1We affirm.
[2] OPINION
[3] We agree with the decision of the Court of International Trade that the non self-propelled trailers for which the imported springs are suitable are not "motor vehicles" within the meaning of item 652.84. Accordingly, weaffirmthe judgment of the court and adopt the opinion below as our own.Page 292
  1. The relevant provisions of the TSUS read:
    Schedule 6, Part 3, Subpart F. — Miscellaneous Metal Products


    Springs and leaves for springs, of base metal:

    [Claimed]

    652.84 Suitable for motor vehicle suspension ................. 4% ad val.
    * * *
    [Classified]

    652.88 Other ..................... 9.5% ad val.
    ↩