Jarvis Clark Company v. United States

733 F.2d 873 (1984)

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Jarvis Clark Company v. United States

United States Court of Appeals for the Federal Circuit
733 F.2d 873 (1984)

Facts

Jarvis Clark Company (Jarvis) (plaintiff) imported tippler hoppers—mining cars that were used to haul ores and waste from mines. The United States Customs Service (customs) (defendant) classified the cars as “[r]ailroad and railway rolling stock” under heading 690.15 of the Tariff Schedules of the United States (TSUS). Jarvis protested the classification, arguing that the cars should have been characterized as “other excavating, levelling, boring, and extracting machinery . . . for earth, minerals, or ores” under TSUS heading 664.08—a tariff classification carrying a lower duty rate. Upon customs’ denial of Jarvis’s protest, Jarvis challenged the denial before the United States Court of International Trade. The court ruled in favor of customs, holding that Jarvis had not met its burden of proving the correctness of its proposed classification. The court, however, did not independently consider the correctness of customs’ classification. Jarvis appealed.

Rule of Law

Issue

Holding and Reasoning (Wisdom, J.)

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