Facts
- Alexandria International, Inc. imported a canned fish product into the United States.
- The imported product was labeled, advertised, purchased, and sold in U.S. commerce under the name “cocktail sardines.”
- U.S. Customs classified the merchandise as preserved sardines under item 112.92 of the Tariff Schedules of the United States (TSUS), a predecessor to the Harmonized Tariff Schedule of the United States.
- Alexandria challenged Customs’ classification in the United States Court of International Trade, contending the merchandise should instead be classified under TSUS item 112.40 as preserved anchovies.
- The parties agreed that, as a matter of scientific identification, the imported fish were anchovies and not sardines.
- The United States argued that tariff terms are applied according to common and commercial usage and that, in trade and consumer usage, the imported product was understood as sardines.
Issues
- When a canned fish product is scientifically an anchovy but is labeled and sold as “cocktail sardines,” should it be classified under TSUS as preserved sardines (item 112.92) or preserved anchovies (item 112.40)?
- For an eo nomine tariff term distinguishing “sardines” from “anchovies,” does common and commercial meaning control absent a clear indication that Congress intended a scientific or technical meaning?
Decision
- The Court of International Trade sustained Customs’ classification of the merchandise as preserved sardines under TSUS item 112.92.
- The court rejected Alexandria’s claim that the scientific species identification alone required classification as preserved anchovies under TSUS item 112.40.
- The court treated the product’s common and commercial designation in the U.S. market—reflected in labeling, advertising, purchasing, and sales—as controlling for classification.
Legal Principles
- Tariff terms are construed according to their common meaning and commercial meaning unless the tariff schedule or legislative intent clearly calls for a technical or scientific definition.
- In eo nomine provisions, the name of the article generally covers goods known by that name in commerce, and trade usage and consumer understanding may determine the scope of the term.
- Evidence such as labels, advertising materials, invoices, and how merchandise is bought and sold may be used to show the commercial identity of the goods for classification.
- Scientific taxonomy does not necessarily govern classification where the tariff language and record evidence show the goods are known in commerce by a different designation.
Conclusion
Alexandria International, Inc. v. United States held that the TSUS classification of “cocktail sardines” turned on common and commercial meaning rather than biological species: even though the parties agreed the fish were anchovies scientifically, the court sustained Customs’ classification as preserved sardines because the goods were marketed and understood in U.S. commerce as sardines.