Trade parlance test determined imported item was a book, not a toy, defeating confiscation and penalty objections.

Trade parlance governed classification of the imported item: despite being registered as a book with an ISBN and sold by booksellers as a book, it was argued to be a toy because of press-out models and recreational use. That objection failed because later use or recreational purpose does not determine classification. The controlling test was whether the item is recognised in the market as a book or as a toy. On that basis, the item was treated as a book, not a toy, and the confiscation and penalty linked to the import control dispute were set aside to the extent reshipment was sought without fine and penalty.

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Issues: Whether the imported item was a book or a toy for purposes of import control and confiscation.

Analysis: The item was registered as a book and carried an ISBN number. The evidence showed that it was traded by book sellers as a book, and that position was not rebutted. The objection that the press-out models changed the form of the book after use was not accepted, since utility or use does not by itself determine whether an item is a book. The objection based on recreational character also did not prevail, as books may be intended for recreation as well as education. The proper test was held to be trade parlance, namely whether the item is recognized in the market as a book or as a toy.

Conclusion: The item was held to be a book and not a toy, and the confiscation and penalty for ITC violation were set aside insofar as reshipment was sought without fine and penalty.

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