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Archives for March 2022

HS code for furniture hinges

2022-03-22 By Taichi Kawazoe

HS :830210

Reference :DEK-1373-06-1

Issued :Nov. 14, 2006

Description :furniture hinges, and it is two-part, multi-angled and with mounting holes provided products of steel sheet (according to applicant information) which are worked out on the short side in each case to a rolled-eye. The two parts are connected by a plugged-in the eyes, riveted steel pin. The products are intended for installation in doors, cabinets and other furniture. They are packed in a plastic bag. Appendix Figure. Such products include the “”Hinges of base metal”” to the code number 8302 1000 90 0 of the Electronic Customs.

Filed Under: HS Classification, Photo

HS code for Mosquito net

2022-03-22 By Taichi Kawazoe

HS :560819
Reference :NLRTD-2007-002742
Issued :Aug. 13, 2007
Description :A mosquito head net, being a net made up of synthetic fibers.The net is intended to be on a hat and / or helmet, and is intended to repel insects. WornIt has just include the following features: – extending to the shoulders – to the top with a round piece of fabric – at the bottom and lined with elastic – packed in a plastic bag.

Filed Under: HS Classification, Photo

HS classification for “Bags” with bags image tables.

2022-03-20 By Taichi Kawazoe

HS:4202.11

– Trunks, suit-cases, vanity-cases, executive-cases, brief-cases, school satchels and similar co
–With outer surface of leather or of composition leather

HS:4202.12

–With outer surface of plastics or of textile materials”>With outer surface of plastics or of textile materials

 

HS:4202.19

–Other

 

HS:4202.21

– Handbags, whether or not with shoulder strap, including those without handle :

— With outer surface of leather or of composition leather

 

HS:4202.22

— With outer surface of sheeting of plastics or of textile materials

 

HS:4202.29

–Other

 

HS:4202.31

– Articles of a kind normally carried in the pocket or in the handbag :

–With outer surface of leather or of composition leather

 

HS:4202.32

–With outer surface of sheeting of plastics or of textile materials

 

HS:4202.39

–Other

 

HS:4202.91

– Other :

–With outer surface of leather or of composition leather

 

HS:4202.92

–With outer surface of sheeting of plastics or of textile materials

 

HS:4202.99

Other

Filed Under: HS Classification, Photo

Cartoon hand gloves classified as Festival articles in HS:9505.90?

2022-03-17 By Taichi Kawazoe

“Mickey mitt” was classified as “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories
thereof: Other: Other.”(HS:9505.90) by U.S. Customs ruling NY B87119.

*example image of the targeting item


Source:Amazon.com

Before Revocation

The targeting item is called “Mickey mitt”.

The articles at issue in NY B87119 is a large, white, acrylic pile mitt that is worn on the hand to create the appearance of the three digit hand of the cartoon character
“Mickey Mouse.” It allows for the insertion of the thumb and separate insertion of the fingers.

And here is the German customs classification record, they classified similar products which is used in Halloween festival HS:6116.93.

Item image
Issued Country German customs
Reference DE15047-14-1
Issuing date Sept. 25, 2014
Item name Gloves, mittens so-called black Halloween
Classified HS code 6116.93
Details & Customs Opinion Gloves, mittens so-called black Halloween, Article 729617, Photo see Appendix, -. Cut to length as five-finger gloves made – from about 1.3 mm thick, plain knitted aloud request polyester (synthetic fibers), – on one side pattern forming (according to request depicting printed with rubber), a skeleton motif – with a ribbed knit, double-crafted cuffs “”finger gloves knitted or crocheted, other than in subheading 6116 10 called, of synthetic fibers””.

See How to search world customs ruling with an image.

After Review

Whether the mitt and gloves, described above, are properly classified in
heading 6116, HTSUS, as gloves or a mitt or in heading 9505, HTSUS, as
festive articles.

The HTSUS headings under consideration are the following:

6116
Gloves, mitten and mitts, knitted or crocheted:

9505
Festive, carnival or other entertainment articles, including magic
tricks and practical joke articles; parts and accessories thereof: Other.

To determine which one is appropriate, Refer to Chapter note.

note 1(v)to chapter 95 the chapter does not cover “gloves, mittens and mitts (classified according to their constituent materials).”
Based on the facts above, U.S. Customs has reviewed NY B87119 and has determined the ruling letters to be in error.

Conclusion

U.S.Customs applied chapter note 1(v) and interpreted it to mean that the exclusionary language to chapter 95.

Therefore U.S.Customs revoked NY B87119 and reclassified it in 6116.93

Source:Customs Bulletin

My opinion

It’s always difficult to judge whether an item is classified as Festival goods, Christmas goods, or other when it is actually used in such kind of Festival.

Since the Targeting item of Mickey mitt is made of a “large, white, acrylic pile”, it seems it does not have a utilitarian function like holding or grabbing something.
and it might be made of non-durable material.

If the item does not have a utilitarian function, it could be just a decoration or fancy goods.

But because of note 1(v)to chapter 95, “gloves, mittens, and mitts” are excluded from chapter 95.

Is there no room for “something like gloves, mittens, and mitts” to be classified as Festival goods?

Filed Under: Classification Example, HS Classification

“3D drawing Pen” classified in 8477 or 8516?

2022-03-15 By Taichi Kawazoe

“3D drawing Pen” was classified as “heating apparatus, other electrothermic appliances of a kind used for domestic purposes”(HS:8516.79) by U.S. Customs ruling N248177.

However, this U.S. decision contradicts the decision of the other customs.

*example image of the targeting item

 

Before Revocation

The targeting item is called “3D drawing Pen”.

The product to be imported is the 3Doodler, a 3D drawing pen. This pen comes with a power adapter, 2 packs of ABS (acrylonitrile butadiene styrene) plastic monofilaments and 2 packs of PLA (polylactic acid) plastic monofilaments. For purposes of this reply, it is assumed that the styrene predominates by weight over each single monomer in the ABS copolymer.

Imported in various colors, these monofilaments measure approximately 3 mm in diameter and 25 cm in length. Once the 3Doodler is heated and the monofilament is loaded into the pen, the user presses and holds down the button for the desired speed and plastic is extruded through the pen’s tip.

 

At the first decision, U.S. Customs classified it in 8516.79.

And here is the Swedish Customs classification record, they classified it in 847780.

Item image
Issued Country Swedish Customs
Reference SETIL 2014-10177
Issuing date Dec. 1, 2014
Item name 3D-pen
Classified HS code 847780
Details & Customs Opinion 3D-pen pen in the form of an electrical apparatus (length of 180 mm and a maximum diameter of 40 mm) working with quick-setting plastic. The pen is charged with a single colored plastic straw that is heated and discharged quickly or slowly through the key selection. The pen connects to a power outlet using an AC adapter and an LED indicator shows when the right temperature is reached. The pen is a button to select the ABS or PLA plastic. The pen is sold in retail packaging with an AC adapter, 25 straws of ABS plastic and 25 straws of PLA plastic.

 

Classification is determined by general rules 1, 3b and 6 for the interpretation of the Combined Nomenclature, Note 2 e) to Chapter 84 and the wording of CN codes 8477, 8477 80 and 8477 80 99th

See How to search world customs ruling with an image.

 

And here is the French customs classification record, they classified it in 847780.

Item image No image
Issued Country French customs 
Reference FR-RTC-2016-000065
Issuing date March 1, 2016
Item name 3D-pen
Classified HS code 847780
Details & Customs Opinion The apparatus of embodiments and 3D objects themselves as 3D pen plastic. This article instantly transforms the liquid photo-polymer gel that contains (as swap removable cartridge) solid plastic, through bulbs located around the mouthpiece. It allows you to draw directly in the air or on any surface. This item comes with 2 cartridges and 1 instruction manual (different color cartridges exist). It works with a LR06 battery included. It has an on / off button. This article is intended for users 14 and older and comes in a box.

General Rules 1 and 6: Classification is determined by the section and chapter notes, as well as by the wording of position, sub-position and CN code 8477, 847780 and 84778099. R 3b items mixed, composite, or sets are classified according to the material or component giving them the essential character, in this case the machine. Note 2) of Chapter 84. Note 3 to Section XVI: the main function is the transformation of plastics. HSEN the 8477 position XVI-8477-1 page.

Issue:

U.S. customs decision is contradicted with Swedish and French customs decisions.

Is the 3Doodler Create Pen Set, as described above, properly classified under heading 8477, HTSUS, which provides for “Machinery for working rubber or plastics or for the manufacture of products from these materials, not specified or included elsewhere in this chapter; parts thereof”,

or under heading 8516, HTSUS, which provides for “Electric instantaneous or storage water heaters and immersion heaters; electric space heating apparatus and soil heating apparatus; electrothermic hairdressing apparatus (for example, hair dryers, hair curlers, curling tong heaters) and hand dryers; electric flatirons; other electrothermic appliances of a kind used for domestic purposes; electric heating resistors, other than those of heading 8545; parts thereof”?

After Review

The issue is whether the “3D drawing Pen” is classifiable as a “heating apparatus, other electrothermic appliances of a kind used for domestic purposes”(HS:8516.79), or Machinery for working rubber or plastics or for the manufacture
of products from these materials (HS:8477.80)

U.S. Customs has reviewed N248177 and has determined the ruling letters to be in error.

Below is what CBP says.

The Create Pen does not meet the description of any of the articles of heading 8516.

Though it is not stated in NY N248177, we surmise from that ruling’s conclusion that CBP concluded that the Create Pen fit the description of an electrothermic appliance of a kind used for domestic purposes. While it is an electrothermic device, the Create Pen cannot be said to be a domestic device.

We recognize that the Create Pen may be used in a domestic environment, but it is may also be used in a commercial environment, and indeed is marketed as being suitable for domestic, commercial, and educational use. Thus, the Create Pen is not an electrothermic appliance for domestic use. Based on the foregoing, it is not classifiable as an article of heading 8516.

 

Conclusion

By application of GRI 1, the 3Doodler Create Pen Set is properly classified under heading 8477, HTSUS. Specifically, it is classified under subheading 8477.80.00, HTSUS, which provides for “Machinery for working rubber or plastics or for the manufacture of products from these materials, not specified or included elsewhere in this chapter; parts thereof: Other machinery…”

Hence, N248177 is revoked and 3Doodler Create Pen is reclassified in 8477.

Source:Customs Bulletin

My opinion

The reason why U.S.Customs reclassified 3d pen is that “Create Pen may be used in a domestic environment, but it is may also be used in a commercial environment”

I feel uncomfortable with the reason above because when the item is both used in a domestic environment and in a commercial environment, they should consider GIR 3(c).

Rather than saying that they should say “Adopting GIR1. it’s classified in 8477” is far clear and simple.

Swedish and French customs opinion

Swedish and French customs were considered classifying 8419.89 as well.

8419.89:
Machinery, plant or laboratory equipment, whether or not electrically heated (excluding furnaces, ovens and other equipment of heading 85.14), for the treatment of materials by a process involving a change of temperature such as heating, cooking, roasting, distilling, rectifying, sterilising, pasteurising, steaming, drying, evaporating, vaporising, condensing or cooling, other than machinery or plant of a kind used for domestic purposes; instantaneous or storage water heaters, non-electric.

But Note2 to Chapter 84 states that.

Therefore, Swedish and French customs classified 3d pen in 8477.80.

Filed Under: Classification Example, HS Classification

Protective gear classified as “Roller skates accessories”?

2022-03-08 By Taichi Kawazoe

“Roller skating protective gear” classified as

Roller skates accessories(HS:9506.70)?
or
Equipment for exercise:other(HS:9506.99)?

This article is regarding the court case for classification of “roller skating protective gear” Rollerblade, Inc. v. U.S.

Source:gleenira.shop

US Customs classified it as Equipment for exercise:other(HS:9506.99)

9506 Articles and equipment for general physical exercise, gymnastics, athletics, other sports (including tabletennis) or outdoor games, not specified or included elsewhere in this chapter; swimming pools and wading pools; parts and accessories thereof:

. . .

9506.99 Other

Importer contends that it’s classifiable as Roller skates accessories(HS:9506.70)

9506 Articles and equipment for general physical exercise, gymnastics, athletics, other sports (including tabletennis) or outdoor games, not specified or included elsewhere in this chapter; swimming pools and wading pools; parts and accessories thereof:

. . .

9506.70 Ice skates and roller skates, including skating boots with skates attached; parts and accessories thereof:

1.Customs’s opinion

The protective gear bore no direct relationship to roller skates, the Government argued that the imports were not accessories.

2.Importer’s opinion

Rollerblade, Inc. sought this “accessory” classification because the protective gear was designed, tested, manufactured and marketed solely for use with in-line roller skates.

And protective gear constitutes “parts” to the roller skates because it contributes to the safe and effective operation of the in-line roller skates.

3. Court Opinion

The trial court found that the protective gear had a direct relationship to the activity of roller skating, but not to the HTSUS heading, namely roller skates.

subheading 9506.70 refers to an article (roller skates), not to an activity (roller skating). The subheading also covers parts of that article, such as wheels or laces for the skates. Thus, the subheading language specifically addresses roller skates and their parts and accessories. The language does not embrace every accessory associated with the broader activity of roller skating.

Moreover, as found by the trial court, the protective gear lacks a direct relationship to the roller skates. The protective gear does not directly act on the roller skates at all. Unlike a roller skate part or accessory, the protective gear does not directly affect the skates’ operation.

CONCLUSION

Based on the common meaning of “accessory” and the language of subheading 9506.70, the court concluded that Rollerblade’s imported protective gear is not a roller skate accessory.

Therefore “Roller skating protective gear” is classified in 9506.99 as Equipment for exercise:other.

Author’s Opinion

Use of the protective gear with the roller skates no doubt reduces injuries to the skater from the activity of roller skating, but this observation does not make the protective gear “parts” of the roller skates.

It’s always difficult to judge if some item is the parts or accessory of the article or not when there is no definition of legal note.

In that case, we can rely on a statement made by the court or other sources.
They are not a complete solution for the matter of parts & accessories but it could be some guideline to judge.

“part” of an article is something necessary to the completion of that article. It is an integral, constituent, or component part, without which the article to which it is to be joined, could not function as such article. 

Source: United States v. Willoughby Camera Stores, Inc., 21 C.C.P.A. 322 (1933)

“an ‘accessory’ must bear a direct relationship to the primary article that it accessorizes.”

Source:Rollerblade, Inc., 24 Ct.

“[a]ccessories are of secondary importance,” but must “somehow contribute to the effectiveness of the principal article”

Source: HQ 960950 (Jan. 16, 1998)

“accessory” is, subsidiary devices used in connection with the machines, such as interchangeable devices which modify the machine so that it can perform a wider range of operations; devices to increase precision; devices which perform a particular service relative to the main function of the machine.

Source: EN Heading 8466 (B)

Source:ROLLERBLADE, INC., Plaintiff-Appellant, v. UNITED STATES

Filed Under: Classification Example, Court case, HS Classification

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