Plaintiff attempted to enter steel products at the Port of Seattle. These products consisted of unpainted steel sheets that had originated in Japan but had been hot-dip galvanized in New Zealand. Plaintiff's entry documents identified New Zealand as the country of origin. Customs ruled that the country of origin was Japan and that the steel could not be entered due to an agreement between the United States and Japan. Customs contended that hot-dip galvanizing of Japanese steel sheets in New Zealand was merely a "finishing process" carried out to improve certain performance characteristics of the steel sheets and not a process that results in a substantial transformation so as to change the country of origin. The plaintiff disagreed and brought this action for review.
1. Why is the process of galvanizing steel important to the court's decision?
2. Consider the process of hot-dip galvanizing described here. Would you agree that the operations performed on the steel in New Zealand created a product with a new name, character, or use? Why or why not?
3. Of the three factors generally referred to-name, character, use-which seems to be the most or least important?
4. What other factors does the court consider in addition to a change in the name, character, and use of the product?