Jewelpak Corp. v. United States

97 F. Supp. 2d 1192 (2000)

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Jewelpak Corp. v. United States

United States Court of International Trade
97 F. Supp. 2d 1192 (2000)

Facts

Jewelpak Corp. (Jewelpak) imported plastic and metal presentation boxes used to ship, store, and sell jewelry. The United States Customs Service (customs) classified the boxes as jewelry boxes under subsection 4202.92.90 of the Harmonized Tariff Schedule of the United States (HTSUS). The explanatory notes to heading 4202 stated that jewelry boxes should be suitable for long-term use. Other items listed under heading 4202 included suitcases, briefcases, and musical-instrument cases. Jewelpak challenged the classification, arguing that some of the boxes should be classified as plastic boxes for the conveyance of goods under subheading 3923.10.00 and others as iron or steel boxes under subheading 7310.29.00. Customs argued that because the dictionary definition of jewelry box referred to a box designed to hold jewelry, customs’ classification should have been upheld. Jewelpak argued that the correct classification hinged on whether the boxes were intended to be reused. Customs filed a motion for summary judgment, and Jewelpak cross-moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Wallach, J.)

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