Cars, chickens, the U.S. Customs and Notre Dame

Attorney and Notre Dame alum works mostly in business law; discusses a 1963 U.S. tariff called the "Chicken Tax" that figured in a big case involving one of Detroit's Big 3 automakers.

Bob Hindelang is an attorney living and working in the Grosse Pointe area, not far from where he attended and graduated high school at Notre Dame (1964). He works primarily on business law, including forming new business entities and all of the related work, which could involve the purchase of buildings or factories, international purchases of machinery or products, the related banking and U. S. Customs entry work, and income tax preparation and filings.

Lots of complicated projects on his resume and radar, for sure.

But one that he likes to talk about fairly often involved one of Detroit's Big 3 automakers and the "Chicken Tax." Yes, the Chicken Tax.

"In my dealings with U. S. Customs, I have worked on a number of issues, all of which have reinforced the proposition that if a company or corporation plans in advance, it can save money and make its imported product more competitive in the U.S.," said Hindelang, who is the older brother of NDP principal Fr. Joe Hindelang, s.m., a 1968 NDHS graduate. 

"Years ago, one of the Big 3 was involved with an interesting import involving the “Chicken Tax” under which vans imported into the U. S. as passenger vans were subject to a 5-percent rate of duty, but if vans were imported as cargo vans, the duty rate was 25 percent rate."

Duty bound

Hindelang said that the creative solution they came up with was that the automaker would import the cargo vans from Turkey as "passenger" vans equipped with seats and windows for passengers, plus carpeting and seat belts. 

"Upon arriving in the U. S. before clearing customs, the seats in the van were removed, the seat belts were removed, the carpet was removed and the windows were removed and replaced with metal panels, thus effectively transforming the utility of the vehicle from a passenger van with a 5-percent duty rate to a cargo van with a duty rate of 25 percent," Hindelang said. 

Which brings us to the “Chicken Tax” reference. . . 

"The Chicken Tax is a 1963 tariff imposed by the United States during the Johnson administration on potato starch, dextrin, brandy and light trucks," Hindelang said. "It was a tit-for-tat response to tariffs imposed back then by France and West Germany on U.S. chickens. The period from 1961-1964 was actually known as the 'Chicken War.' So the car company took advantage of the provisions of the Chicken Tax by importing all of its first generation cargo van models as passenger vehicles by including rear windows, rear seats and rear seat belts."

Hindelang said the vehicles would arrive from Turkey in Baltimore, and were converted there back into cargo vans. He said the removed parts were not shipped back to Turkey for reuse, but instead were shredded and recycled in Ohio.

"The conversion process cost the automaker hundreds of dollars per van but saved them thousands in taxes on each," Hindelang said. This scheme worked for several years — but federal regulators eventually caught on. In early 2013, the U.S. government forced the company to begin paying the full tariff. (Note: The second-generation cargo van in question, which debuted for the 2014 model year, is no longer built in Turkey — but it's still built overseas (in Spain), meaning the car company likely still pays that tax despite their original plan to avoid it indefinitely.)

Ready for any courtroom

In addition to his customs work, which often has Hindelang working in the United States Court of International Trade, he is a Certified Public Accountant and has been formerly admitted to practice in the United States Court of Appeals, the United States Court of Veterans Appeals and the United States Supreme Court.

"My practice includes many interesting areas of accounting and law, which has been a really rewarding way to practice law," said Hindelang, who has been practicing as an attorney/CPA based in the Grosse Pointe area since 1987. He was admitted as a CPA in 1972, and as an attorney in 1975 shortly after earning his law degree from the University of Detroit Mercy law school. 

With such a long and storied career, Hindelang still credits his high school for what he's accomplished thus far.

"I attribute much of my professional and personal success to my teachers and counselors at Notre Dame in Harper Woods," he said. "And I think about many of them — and the wisdom they taught — with fond memories on a daily basis."

When he's not in court or in his office, the 35-year resident of the City of Grosse Pointe and his wife, Paula, a teacher at St. Paul on the Lake Catholic School in Grosse Pointe Farms, are kept very busy with their five children — Marianne, Maureen, Michael, Matthew '00 (NDHS) and Mark '01 (NDHS) — and 16 grandchildren, the oldest of whom is 9 years old. 

Bob Hindelang's law office is at 18430 Mack Avenue, Grosse Pointe Farms, Mich., 48236 
rlh@hindelang.us • 313-886-4450 • rlhindelang.com


Comments or questions? mkelly@ndpma.org.

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About Notre Dame Preparatory School and Marist Academy
Notre Dame Preparatory School and Marist Academy is a private, Catholic, independent, coeducational day school located in Oakland County. The school's upper division enrolls students in grades nine through twelve and has been named one of the nation's best 50 Catholic high schools (Acton Institute) four times since 2005. Notre Dame's middle and lower divisions enroll students in jr. kindergarten through grade eight. All three divisions are International Baccalaureate "World Schools." NDPMA is conducted by the Marist Fathers and Brothers and is accredited by the Independent Schools Association of the Central States and the North Central Association Commission on Accreditation and School Improvement. For more on Notre Dame Preparatory School and Marist Academy, visit the school's home page at www.ndpma.org



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