Michelin Tire Corp. v. Wages, 423 U.S. 276 (1976)

Facts

  • Michelin Tire Corporation imported tires and tubes from France and Nova Scotia and stored them in a wholesale distribution warehouse in Gwinnett County, Georgia.
  • The inventory was held for later distribution to retail dealers throughout the southeastern United States.
  • Gwinnett County imposed a nondiscriminatory ad valorem property tax on Michelin’s inventory, calculated by property value and applied equally to imported and domestic goods.
  • Michelin argued the Import-Export Clause barred the tax because the goods were imports and many remained in their original containers.
  • Georgia courts upheld the tax, and the Supreme Court granted review.

Issues

  1. Whether a nondiscriminatory state ad valorem property tax on imported goods stored in a warehouse for distribution violates the Import-Export Clause’s ban on state “Imposts or Duties on Imports.”
  2. Whether constitutional immunity for imports turns on the “original package” doctrine.

Decision

  • The Supreme Court affirmed the state court judgment and upheld the tax.
  • The Court held that Georgia’s nondiscriminatory ad valorem tax was not an “impost or duty” on imports within the meaning of the Import-Export Clause.
  • The Court rejected reliance on formal tests such as whether goods remain in their original packages.
  • The Court overruled Low v. Austin to the extent it barred nondiscriminatory property taxes on imports that have come to rest within a state.
  • Import-Export Clause analysis turns on whether the state exaction functions as an “impost or duty” in light of the Clause’s purposes, including:

    • Preserving the federal government’s exclusive authority over foreign commerce.
    • Protecting the federal government’s exclusive revenue from imposts and duties.
    • Preventing seaboard states from burdening goods moving to inland states through transit-like charges.
  • A nondiscriminatory, generally applicable ad valorem property tax imposed on goods that are part of the state’s general mass of property is ordinarily not an “impost or duty” on imports.

  • “Imposts and duties” are taxes on the commercial privilege of bringing goods into the country; general property taxes are cost-apportionment measures for local services and may be applied to importers on equal terms with domestic competitors.

  • The “original package” status of imported goods is not controlling; the key question is whether the tax targets imports as such or discriminates based on foreign origin.

Conclusion

Georgia could apply a general, nondiscriminatory ad valorem property tax to imported tires stored for distribution because the tax neither regulated foreign commerce, diverted federal customs revenue, nor imposed a transit-like burden on imports, and constitutional treatment did not depend on whether the goods remained in original packaging.