De Long v. United States

No. 163
Decided Circuit Court of Appeals, First Circuit
Disposition
affirmed
full scope · unanimous
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Court
Circuit Court of the United States for the District of Massachusetts
Decided
Judge
PER CURIAM
Posture
Circuit court affirmed decision of board of general appraisers which affirmed collector's duty assessment
Importers/Petitionerss (3)
Edward E. De Long and Joseph Bennett, doing business as De Long & Seaman
John Lowell, Thos. H. Russell
v.
Defendant/Respondent (1)
UNITED STATES
Sherman Hoar, U. S. Atty., Fred. P. Cabot, Asst. U. S. Atty.

Overview

The judgment of the circuit court is affirmed. Salt-water fish frozen or packed in ice are dutiable under paragraph 210 of the Tariff Act of August 1894.

Case summary

Importers De Long & Seaman appealed a customs duty assessment on fresh mackerel packed in ice imported in 1891. The collector assessed duty under paragraph 210 of the Tariff Act of August 1894, which imposed a duty of one-half cent per pound on 'salt-water fish frozen or packed in ice.' The importers claimed the fish should be free under paragraph 481, which listed 'Fish, frozen or packed in ice fresh' as free. The board of general appraisers and circuit court affirmed the duty assessment. On appeal, the Circuit Court of Appeals affirmed, holding that under the rule of construction requiring each part of a law to be effective, paragraph 481 is generic (covering fresh-water fish) and paragraph 210 is specific (covering salt-water fish), making salt-water fish packed in ice dutiable. The court noted this aligned with congressional policy of imposing duties on Canadian salt-water fish while admitting free fish for immediate consumption and products of U.S. fisheries.

Abstract

Importers appealed a customs duty assessment on fresh salt-water mackerel packed in ice, claiming it qualified as free under a generic tariff provision for fish frozen or packed in ice fresh, while the collector applied a specific duty on salt-water fish frozen or packed in ice. The courts affirmed the duty, applying the rule of construction that specific provisions prevail over generic ones to impose duties on salt-water fish. This ruling aligned with congressional policy distinguishing duties on certain imported fish from free admission of others for immediate consumption or domestic products.

Opinion of the court

Majority
opinion
PER CURIAMjoined by COLT, NELSON, WEBB
  • Agrees with circuit court reasoning and conclusion
  • Paragraph 481 is generic, paragraph 210 is specific
  • Salt-water fish packed in ice are dutiable under paragraph 210
  • Construction gives effect to both paragraphs
  • Aligns with congressional policy on Canadian salt-water fish

Jurisdiction

not challenged
Subject matter
Appeal from the Circuit Court of the United States for the District of Massachusetts reviewing a customs duty assessment
Jurisdictional facts
  • Petition for review of decision of board of general appraisers affirming collector's assessment
  • Appeal from circuit court judgment affirming board of appraisers

Procedural posture

Posture at trial
Circuit court affirmed decision of board of general appraisers which affirmed collector's duty assessment
Posture on appeal
Direct appeal from circuit court judgment
Preserved issues
  • Construction of tariff act paragraphs 481 and 210 regarding duty on fresh mackerel packed in ice

Legal categories

Business

Case record

Full case name
DE LONG et al. v. UNITED STATES
Docket number
No. 163
Court
Circuit Court of Appeals, First Circuit
Trial court
Circuit Court of the United States for the District of Massachusetts
Decided
Opinion author
PER CURIAM
Opinion type
per curiam
Precedential status
precedential
Judges on panel
COLTNELSONWEBB

Issues & holdings

1
Issues raised
1
affirmed
1
Holdings
Standard of review

de novo

Disposition rationale

Paragraph 481 is generic and paragraph 210 is specific; salt-water fish packed in ice are dutiable under paragraph 210

Preservation

Issue preserved for review

Holdings of the court

Interpretation of Tariff Act paragraphs 481 and 210 regarding duty on fresh fish packed in ice
Salt-water fish frozen or packed in ice are dutiable under paragraph 210 at one-half cent per pound, not free under paragraph 481
Under the rule of construction requiring each part of a law to be made effective if possible, paragraph 481 must be held as generic (covering fresh-water fish) and paragraph 210 as exceptional or specific (covering salt-water fish); this construction gives effect to both paragraphs and aligns with congressional policy of imposing duties on Canadian salt-water fish
unanimousbinding precedent

Statutory interpretation

2
Statute
Tariff Act of August 1894, paragraph 481
Question
Whether 'Fish, frozen or packed in ice fresh' includes salt-water fish
Court's reading
Generic provision covering fresh-water fish
Canons applied
Rule requiring each part of law to be effectiveGeneric vs. specific construction
Statute
Tariff Act of August 1894, paragraph 210
Question
Whether 'salt-water fish frozen or packed in ice' covers fresh mackerel packed in ice
Court's reading
Specific provision imposing duty on salt-water fish packed in ice
Canons applied
Rule requiring each part of law to be effectiveGeneric vs. specific construction

Standards of review

  • Construction of tariff act paragraphs 481 and 210 — de novo Statutory interpretation is reviewed de novo

Timeline

4
Events
1,808
Days, incident to ruling
—
Span
factual eventcited in opinion

De Long & Seaman imported fresh mackerel packed in ice into Boston port

Triggering event for customs duty dispute

Construction of tariff act
De Long & Seaman · Collector of port of Boston Port of Boston
factual eventcited in opinion

Tariff Act of August 1894 enacted containing paragraphs 481 and 210

Statutory basis for duty assessment

Construction of tariff act
Congress
procedural eventcited in opinion

Circuit court affirmed decision of board of general appraisers (70 Fed. 775)

Outcome: Affirmed board's decision

Trial court ruling appealed to Circuit Court of Appeals

Construction of tariff act
Circuit Court · De Long & Seaman · United States trial court
appeal eventcited in opinion

Circuit Court of Appeals issued per curiam opinion affirming circuit court judgment

Outcome: Affirmed circuit court judgment

Final appellate decision in case

Construction of tariff act
Circuit Court of Appeals · De Long & Seaman · United States appellate court

Facts & evidence

Incident

Date
October 5, 1891
Location
Port of Boston

Key facts

6 facts
  1. Importers De Long & Seaman imported fresh mackerel packed in ice
  2. Collector assessed duty at one-half cent per pound under paragraph 210 of Tariff Act of August 1894
  3. Importers claimed fish should be free under paragraph 481
  4. Fish were salt-water fish packed in ice and intended for immediate consumption
  5. Board of general appraisers affirmed collector's assessment
  6. Circuit court affirmed board's decision

Disputed questions

  • Whether fresh mackerel packed in ice should be dutiable under paragraph 210 or free under paragraph 481

Procedural history

7 steps
  1. October 5, 1891: Import of fresh mackerel packed in ice
  2. Collector assessed duty under paragraph 210
  3. Importers protested to board of general appraisers
  4. Board affirmed collector's action
  5. Importers petitioned circuit court for review
  6. Circuit court affirmed board's decision (70 Fed. 775)
  7. Importers appealed to Circuit Court of Appeals

Evidence in the record

Testimonial
  • Agreed propositions of fact by parties in circuit court
Documentary
  • Tariff Act of August 1894 paragraphs 481 and 210
  • Findings of fact by board of general appraisers
  • Record of importation October 5, 1891
Expert
  • Expert name: Board of general appraisers · Expertise: Customs duty assessment · Opinion: Both paragraphs are effective and applicable to respective species of fish; such was congressional intent

Objects of relevance

Fresh mackerel packed in ice (imported goods)Ice (packing material for fish preservation)

Authorities

Cited authorities (1)

70 Fed. 775
affirmedprecedent
Circuit court opinion affirming board of general appraisers decision

Statutes

  • Tariff Act of August 1894, paragraph 481
  • Tariff Act of August 1894, paragraph 210

Standards & doctrines

  • Rule of construction requiring each part of law to be effective
  • Generic vs. specific statutory interpretation

Legal principles applied

  • Rule that each part of a law should be made effective if possible
  • Specific provisions control over general provisions
Index terms69
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Entities and documentation
Legal actions
Action type
affirmed
Target
circuit court judgment
Appealed from
Circuit Court of the United States for the District of Massachusetts
Context
Per curiam opinion agreeing with circuit court reasoning and conclusion that salt-water fish packed in ice are dutiable under paragraph 210
Scope
full
Disposition vote
unanimous
Living organisms
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ColtNelsonWebb
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