Patience You Must Have, Young Lawyer
Always two there are, no more, no less. A name for the thing and a use for it. How to classify, you must choose. Choose wrong, and unbalance the tariff law. Such was GRK Canada . The Court of Appeals chose the use-side, it did. Told the lower court to consider use, even when to the thing a name the tariff gives. Two masters of the tariff struggled for the name-side they did, but the Court went to the use-side. But a Chosen One there is. Bring balance to the law, the Honorable Circuit Judge Reyna did. [I'm done, being Yoda is surprisingly exhausting.] My point is that, in my opinion, the prior decision of the Court of Appeals for the Federal Circuit in GRK Canada, Inc. v. United States , upset the normal course of classification by inserting considerations of use into the analysis of eo nomine tariff provisions. The case involves the tariff provisions for wood screws (7318.12) and for self-tapping screws (7318.14). Both are eo nomine classifications, though the names sugg...