• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar

Image Search for HS Classification by TaichiKawazoe

  • General
  • HS Classification
  • Origin Verification
  • Japanese
  • Contact form
  • About the author

Taichi Kawazoe

Hanging shelf classified in 9403(furniture) or 6307(made up articles)?

2022-02-26 By Taichi Kawazoe

“Hanging shelf” was classified as “furniture”(HS:9403) by U.S. Customs ruling N293709.

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

Here is a targeting item.

Before Revocation

The item has a U-shaped form, and consists of two sides made of 100% polyester woven material, two cardboard inserts encased in the same material as the two sides, and two iron or steel brackets. The two textile covered inserts act as shelving for the placement and retrieval of books, notebooks, school supplies, equipment, and various other personal objects and sundries. The two iron and steel brackets allow for the item to be hung from the top shelf of a metal school locker.

At the first decision, U.S. Customs classified it in 9403.

And here is the German customs classification record, they classified it in 6307.

Item image
Issued Country German customs
Reference DEBTI31879-18-1
Issuing date Sept. 10, 2018
Item name Hanging shelf
Classified HS code 630790
Details & Customs Opinion Hanging shelf, so-called suitcase organizer small, art. 7185357, photo see attachment, – packed in a polybag with inserted product information, – worked in the form of an open hanging rack with a total of six compartments; according to the request in the dimensions (L x W x H): 30 cm x 30 cm x 64 cm, – with a lower compartment to be zipped, three compartments above with intermediate shelves, two smaller compartments above and below a top of about 0.3 mm thick, monochrome fabrics and side and back parts of about 0.3 mm thick, plain knitted fabrics; both fabrics are made of polyester (man-made fibers), – fitted with a suspension device in the form of two hooks of base metal at the top end, – reinforced with metal wire frames for stabilization and shaping at the top and bottom and in the area of the “”shelves””; on all edges with edging made of fabrics, – assembled by joining, – without evidence of manual labor, – is hung according to the request on a clothes rail or wardrobe and serves to accommodate clothing and light objects, – no space-related function, thus no goods for interior decoration, – does not constitute a container for heading No 4202, as it is neither mentioned by name in the wording of the position nor similar to one of the containers referred to therein, – in particular, owing to the lack of stability, no furniture (shelf) of heading 9403, – in particular with regard to its use Fabrics and knitted fabrics from S. textiles compared to non-precious metal the character of the product; Within the postition 6307, the tissues are characterizing, especially with regard to the extent. “”Other made up articles (hanging shelf), of textile materials, of fabric, not handmade””

After Review

U.S. Customs has reviewed N293709 and has determined the ruling letters to be in error.

The issue is Whether the subject hanging closet shelves are classified in heading 6307, HTSUS, as other made up articles or in heading 9403, HTSUS, as other furniture.

The following HTS headings are under consideration:

6307:
Other made up articles, including dress patterns:

9403:
Other furniture and parts thereof:

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

Note 2 to Chapter 942. The articles (other than parts) referred to in headings 9401 and 9403
are to be classified in those headings only if they are designed for placing
on the floor or ground.
The following are, however, to be classified in the above-mentioned headings even if they are designed to be hung, to be fixed to the wall or to stand
one on the other:
(a) Cupboards, bookcases, other shelved furniture (including single
shelves presented with supports for fixing them to the wall) and unit
furniture.
In order for the subject merchandise to be classified under heading 9403, it
must fall under shelved furniture that is designed to be hung, to be fixed to
the wall or to stand one on the other.

In N293709 U.S. Customs classified the subject merchandise in heading 9403. However, this parenthetical does not apply to the merchandise at issue here, as the subject merchandise is hung in a closet or locker and includes shelves, and is not single shelves and not presented with supports for fixing them to the wall.

Additionally, They collapse before being hung and rely on gravity for their shape. The subject textile goods, however, are not furniture.

Rather, they are textile articles for use in the organization of lockers and closets.

Lockers and closets are typically already equipped with a rod, shelf, and floor for the storage and organization of articles kept inside them. Hence, collapsible textile cubbies, pockets or shelves are of comparatively minor importance so far as use, comfort, and convenience are concerned. The parenthetical added to note 2(a) to Chapter 9403 does not describe these goods

Conclusion

By application of GRI 3(b) the subject textile hanging shelves described in NY N293709 are composite goods classified in heading 6307. According to GRI 3(b), composite goods consisting of different materials or made up of different components shall be classified as if they consisted of the material or component which gives them their essential character.

Although the GRIs do not provide a definition of “essential character,” EN (VIII) of GRI 3(b) provides guidance. According to this EN, the essential character may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods

Source:Customs Bulletin

My opinion

Furniture’s definition is not only “designed for placing on the floor or ground”, but there is also an exception that “if they are designed to be hung, to be fixed to the wall or to stand one on the other”

Even though the targeting item looks like furniture, it does not fulfill the condition to be hung, to be fixed to the wall.

In this case, the important thing is the meaning of “Fixed”.

In my image of “Fixed” is like a bolt screwing into a wall or something completely unmovable from someplace.

Targeting items is far from it and easily collapsible, that’s why it’s not considered as furniture.

What do you think?

Filed Under: Classification Example, HS Classification

Toy Piggy Bank classified in 9503 or 3924?

2022-02-23 By Taichi Kawazoe

“Piggy Bank” was classified as “toys”(HS:9503) by U.S. Customs ruling N005466.

However, U.S. Customs reconsider the decision whether this item should be classified to “Articles of plastics”(HS:3924).

*Image of the targeting item

Zillionz Counting Piggy Bank

Zillionz Counting Piggy Bank

Source:toyscentral

Before Revocation

The targeting item is called “Zillions Counting Pig Toy Bank”.

The article is a large, translucent pig bank with a digital reader that indicates the amount of money in the bank. This toy encourages a child to save money and tells them the amount in the bank deposited. The toys will be classifiable in Chapter 95 of the Harmonized Tariff Schedule of the United States as toys representing animals.

At the first decision, U.S. Customs classified it in 9503.00.

And here is the Dutch Customs classification record, it’s classified in 9503.00 too.

Item image
Issued Country Dutch Customs
Reference NLRTD-2009-000982
Issuing date 2009-05-07
Item name BANKS
Classified HS code 9503.00
Details & Customs Opinion A digital money box with plastic for toddlers include the following features: – at the top with a slot for coins – at the front: a LCD display of 43 x 32 mm, various controls, and built-in speakers – to the back side a circular opening in order to be able to remove coins, and – the bottom side with a battery and switch, – acoustic signals, – dimensions of approximately 180 x 150 x 55 mm. The piggy bank with inaccurate calculation mode (POS) operates on three AA batteries and has an interactive character. A digital fish named Gil counts the money. The more spared the more functions (games) are available. The electronic device is offered along with three batteries and put up for retail sale and packed in a blister pack.

And the ENs to Heading 9503 state below.

ENs to Heading 9503(D) Other toys. This group covers toys intended essentially for the amusement of persons (children or adults). However, toys which, on account of their design, shape, or constituent material, are identifiable as intended exclusively for animals, e.g., pets, do not fall in this heading but are classified in their own appropriate heading. This group includes: All toys not included in (A) to (C). Many of the toys are mechanically or electrically operated.
These include:

(xxii) Toy money boxes

It seems there is no problem to classify the “piggy bank” in 9503.
why U.S. Customs need to reconsider the decision whether this item should be classified to “Articles of plastics”(HS:3924)?

After Review

U.S. Customs has reviewed N005466 and has determined the ruling letters to be in error.

The issue is the definition of “Toys”.

To clarify the meaning of “Toys”, U.S. Customs referred to the Court case of “Nadel & Sons Toy Corp. v. the United States, 4 Ct. Int’l Trade 20 (1982)”

The issue of this court case is whether this plastic replica of a cast-iron bank in the figure of Uncle Sam is classified as “toy” or “articles of plastics”.

uncle sam bank 1968.jpg (190136 bytes)

Source:americanantiquities.com

The figure was standing on a
decorated platform that served as a receptacle of coins. One of Uncle Sam’s
arms was extended and its hand was designed to accommodate a coin. When
a button was pressed, the arm dropped the coin into a satchel that opened.

 

The Court found that the purpose of the Uncle Sam bank was to save and
store coins. The Court stated that “the coins are received into the article in a
manner that amuses is incidental and not controlling,” and that there was
little “amusement value” in such a pastime, which would be soon abandoned.

In the instant case, the physical features of the subject banks are not
characteristic of a toy. These banks serve a utilitarian purpose, and if they
provide any amusement, it is incidental to the utilitarian purpose. Similar to
the toy bank in Nadel, the purpose of the banks is to save and store coins,
with very little amusement value.

The court dismissed the claim that “Uncle Sum” is to be classified as “Toys” because it has very little amusement value.

 

Conclusion

“Piggy Bank” and “Uncle Sum” are similar items that have very little amusement value.

Based on the Court decision, U.S. Customs considered that although the subject banks have amusing appearances, as they are representations of recognizable licensed animated characters, they do “not promote pretend and role play, stimulate imagination, combat a child’s ennui, promote mimetic activity or provide the opportunity for children to develop manipulative skill or muscular dexterity” and are also not characteristic of a toy.

Therefore they revoked the ruling and reclassified it as “articles of plastics” (HS:3924).

Source: Customs Bulletin

My opinion

To be classified as “Toys”, it has to have big amusement value.
But it’s solely depending on one’s opinion whether it has big amusement or little amusement.

Some might find it big amusement just on the appearances.

So the borderline between “Toy” and material-based classification is ambiguous.
We need to consider how Customs find it amusing before making a declaration.

Filed Under: Classification Example, HS Classification

Walking poles are classified in 6602 or 9506?

2022-02-19 By Taichi Kawazoe

“Walking poles” were classified as “equipment for general physical exercise”(HS:9506) by U.S. Customs ruling N016801.

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

*example image of the targeting item

Before Revocation

The targeting item is called “walking poles”.

The articles at issue in NY N016801 are described as “walking poles” They
are constructed of carbon fiber and fiberglass shafts and feature handgrips
with straps. The end of the poles are fitted with steel or rubber tips and have
baskets to prevent the poles from sinking into soft ground or snow.

The articles at issue in NY N010380 are identified as “Nordic walking poles
or sticks.” They are constructed of carbon or metal alloy materials and are
described as a general fitness tool for use in hiking, speed walking or roller
skating.

At the first decision, U.S. Customs classified it in 9506.

And here is the German customs classification record, they classified it in 660200.

Item image
Issued Country German customs
Reference DEF-3485-05-1
Issuing date Sept. 13, 2005
Item name Walking stick
Classified HS code 660200
Details & Customs Opinion Walking stick pair with additional removable rubber pads (according to a resolution: “”Nordic Walking Fitness Walking Stick””, see photo) walking sticks – from (according to supplementary application information) aluminum – telescopically adjustable in height (according to scale data: 110 – 140 cm) Packaged in pairs in a clear transparent plastic film -, – with handles made of cork – with straps of textile materials, – with floor plates (not installed) and rubbers – with interchangeable covers (rubber buffer) for the pole tips of rubber – not hand made,

After Review

U.S. Customs has reviewed NY N016801 and NY N010380 and has determined the ruling letters to be in error.

The issue is whether the “walking poles” are classifiable as a Walking-sticks under heading 6602, or Articles and equipment for general physical exercise under heading 9506

The following HTS headings are under consideration:

6602:
Walking-sticks, seat-sticks, whips, riding-crops and the like:

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

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

Note 1(c) to Chapter 66this Chapter does not cover “goods of chapter 95 (for example, toy umbrellas, toy sun umbrellas).”
Note 1(h) to Chapter 95this Chapter does not cover “walking-sticks” and directs classification their classification to heading 66.02.

Heading 6602, HTSUS, is an eo nomine provision. As such, the heading
provides for all forms of its named exemplars, i.e., “walking-sticks.” Although
the term “walking-sticks” is not defined in the HTSUS or in the ENs, the term
may be construed for tariff classification purposes according to its common
commercial meaning.

The term “walking stick” is defined by the Merriam-Webster online dictionary as
“a straight rod or stick (as of wood or aluminum) that is used to provide stability in walking or hiking.”
See https://www.merriam-webster.com/dictionary/walking%20stick.

Additionally, various websites use the term “walking stick” interchangeably with the terms “walking pole,” “walking staff,” “hiking stick,” and “trekking pole.”

Although these articles may differ in design features (i.e., type of grip, telescoping shaft, rubber or steel pole point, sold singly or in pairs), their shared characteristic is that they provide stability when walking or hiking.

quoted from “verywellfit”

Walking With One Pole or Hiking Staff A single walking stick, pole, or
staff can give you stability, especially on loose terrain or when crossingstreams. It also can relieve stress on the joints. A staff can also give youa measure of security as attackers may be more likely to go annoysomebody who doesn’t have a stick. You can find a variety of designs forsingle walking sticks, including those made of natural wood, as well aslightweight aluminum sticks that telescope or fold for ease of packingwhen you aren’t using them.

Source:https://www.verywellfit.com/before-you-buy-fitness-walking-or-trekking-poles-3432912

quoted from “wikipedia”Hikers use walking sticks, also known as trekking poles, pilgrim’s staffs,hiking poles, or hiking sticks, for a wide variety of purposes: to clear spider webs or to part thick bushes or grass obscuring their trail; as a support when going uphill or as a brake when going downhill; as a balance point when crossing streams, swamps, or other rough terrain; to feel for obstacles in the path; to test mud and puddles for depth; to enhance the cadence of striding, and as a defence against wild animals.Source:https://en.wikipedia.org/wiki/Walking_stick

With the information above, walking sticks and Walking poles are the same terms.

Conclusion

Based on the foregoing, the common commercial meaning of the term
“walking sticks” include “walking poles.”

Accordingly, we find that the walking poles at issue in NY N016801 and NY N010380 fall within the common commercial meaning of “walking sticks” and are therefore eo nomine provided for in 6602, HTSUS

Hence, NY N016801 and NY N010380 are revoked and warking poles are reclassified in 6602.

Source:Customs Bulletin

My opinion

I feel uncomfortable when I see “Walking poles” were classified in HS 6602 because my image of “HS6602:Walking sticks” is the item that helps a person who needs help.

To the contrary, my image of items classified in 9506 is the item used by energetic people.“Walking poles” are used when a person does hard sports such as mountain climbing. Therefore classified in 9506 sounds comfortable.

But from the vast point of view from several website information and Interpretation of the chapter note, “Walking poles” should be classified in 6602.

Filed Under: Classification Example, HS Classification

Disguise material to adopt lower tariff rate (Syrup case)

2021-05-24 By Taichi Kawazoe

“HEARTLAND BY-PRODUCTS, INC.,” imported Sugar syrup from Canada to the U.S.

Heartland disguises the syrup material to adopt a lower tariff rate.

In order to disguise it, Heartland had “Molasses” added to raw sugar to adjust the purity of the product to adopt a lower tariff rate before importation.

Upon receiving the syrup in the United States, Heartland first removed the molasses and then refined the remaining syrup.
The removed molasses was returned to Canada but were again used the same way by adding them to other sugar syrup. As far as appears, this chain continued indefinitely.

How the court classifies the HS code for a disguised item?

This article is regarding the court case of 264 F.3d 1126 (Fed. Cir. 2001)
HEARTLAND v. the UNITED STATES, and UNITED STATES BEET SUGAR ASSOCIATION.

 

US Customs classified it HS:1702.90.10/20 of “HTSUS”

This HS code adopts a higher tariff rate

1702.90.10…3.6606¢/kg of total sugars
1702.90.20…35.74¢/kg

The key point of the classification is the rule below.

Containing soluble non-sugar solids (excluding any foreign substances, including but not limited to molasses, that may have been added to or developed in the product) equal to 6 percent or less by weight of the total soluble solids:

Heartland contends that it’s classifiable HS:1702.90.40 of “HTSUS”

This HS code adopts a lower tariff rate

0.35¢/liter

1.Customs’s opinion

  • there are no commercial identities or commercial uses for the syrups as imported other than the extraction of the molasses after importation
  • the added molasses is a “foreign substance” relative to the sugar to which it is added and, therefore, should not be included when determining the soluble solids content of the sugar syrup under 1702.90.10 HTSUS and 1702.90.20 HTSUS.
  • the addition of molasses to raw sugar is not a “genuine step” in the manufacturing process, but instead amounts to a “‘disguise or artifice’ intended to escape a higher rate of duty such as a quota or tariff rate.”

2.HEARTLAND’s opinion

  • syrup falls under 1702.90.40 HTSUS because it contains more than 6% by weight of soluble, non-sugar solids with no foreign substances, and is not molasses.
  • Customs once agreed with Heartland’s proposed classification, and issued a ruling letter classifying the syrup under 1702.90.40 HTSUS. N.Y. Ruling Letter 810329 (May 15, 1995) (“New York Ruling Letter”).
  • neither the preimportation manufacturing process nor the processing that Heartland performs in the United States involves any artifice or disguise.

3.CIT’s (Court of International Trade) Opinion

The court rejected Customs’ reasoning that the molasses is a foreign substance that should be excluded from the solids content calculation, finding that the record demonstrated that the molasses is made from cane or beet sugar and that the sugar, molasses, and syrup “all have the same chemical ingredients, including impurities that naturally occur in sugar.” .

The court reasoned that because raw sugar itself contains molasses, combining raw sugar with additional molasses does not amount to an addition of a foreign substance. Id. at 1134.

The court stated that Customs’ conclusion to the contrary “was simply wrong.” Id.
The court also stated that “Customs’ interpretation of ‘foreign substances’ to include anything that is itself ‘derived from sugar cane or sugar beets’ is unreasonable and an abuse of discretion.”

The court also rejected Customs’ determination that the addition of molasses amounted to an artifice or disguise.

The court noted that Heartland never falsified or concealed the identity of its sugar syrup, its method of manufacture, or its use. Id. at 1337.

The court determined that evidence of record demonstrated a clear commercial purpose for the addition of molasses, citing testimony to the effect that molasses may be added to adjust the purity of the product during crystallization or to produce a final product of a particular polarity. Id. at 1335.

The court also determined that the evidence of record indicated that Heartland’s sugar syrup results from an intermediate stage of the refining process, citing testimony to the effect that “the process of combining granular raw sugar with molasses, adding water, and heating is common in sugar refining operations.” Id. at 1338.

The court noted that the only evidence indicating that adding molasses to sugar is not a legitimate commercial process relates to the addition of molasses to refined sugar, not the addition of molasses to raw sugar, as is done by Heartland. Id.

The court therefore concluded that Customs’ determination that Heartland had engaged in artifice and disguise and its subsequent consideration of the post importation use of the syrup was “an abuse of discretion and otherwise not in accordance with law.” Id. at 1338-39.

The court, therefore, granted Heartland’s motion, declared the revocation ruling unlawful, and ordered that the sugar syrup be classified under 1702.90.40 HTSUS

The United States and the United States Beet Sugar Association appeal the decision of the United States Court of International Trade in favor of Heartland By-Products, Inc.

4.US Court of Appeals for the Federal Circuit’s opinion

The court cited Explanatory Note 17.02(B)(2), which states that ” [j]uices and syrups obtained during the extraction of sugars from sugar beet, sugar cane, etc.,” fall under 1702 HTSUS, and that these syrups “may contain pectin, albuminoidal substances, mineral salts, etc., as impurities.” Id. at 1335.

The court determined that because this note permits products with the same impurities as molasses to be classified under 1702 HTSUS, it undermines Customs’ determination that molasses
is a foreign substance.

This note, however, does not indicate whether the molasses added to raw sugar to make Heartland’s sugar syrup is a “foreign substance” under 1702.90.10/20 HTSUS because it does not set forth under which subdivision of 1702 HTSUS the described sugar syrups are classified.

Moreover, the impurities described in the note are naturally present in the juices and sugar syrups, not added to raw sugar like the molasses at issue in this case.

Heartland does not argue that its sugar syrup contains less than 6% by weight of soluble non-sugar solids when the weight of the molasses solids is excluded.

Therefore, in view of our determination that Customs’ interpretation of the term “foreign substances” should not be disturbed, The court upheld the revocation ruling classifying Heartland’s sugar syrup under 1702.90.10/20 HTSUS

CONCLUSION

For the foregoing reasons, the decision of the Court of International Trade declaring the revocation ruling unlawful and ordering that Heartland’s sugar syrup be classified under 1702.90.40 HTSUS is REVERSED.

Author’s Opinion

The remarkable point of this case is that when Heartland had applied Ruling, Heartland never falsified or concealed the identity of its sugar syrup, its method of manufacture.
And Customs agreed with Heartland’s proposed classification and issued a ruling letter classifying the syrup under 1702.90.40 (lower tariff rate).

In this circumstance, Customs did not see the entire process of the Trading, from the manufacturing process to suppling consumer, therefore Customs issued wrong Rulings.

This example indicates that HS classification is not determined at the point of importation but the entire process of the Trading.

Source:United States Court of Appeals for the Federal Circuit

Filed Under: Court case

Pool Lounger classified as “6307” or “3926”? (GRI3(b)(Ⅷ)denied case)

2021-05-13 By Taichi Kawazoe

Pool Lounger made of PVC and Textile classified as Textile product(HS:6307)or Plastic product(HS:3926)?

This article is regarding the CBP ruling of “HQ H298313”

Source:amazon.com ©AQUA-LEISURE INDUSTRIES, INC.

Item’s description

The 44-inch Monterey Pool Lounger is a “composite good” consisting of both PVC (which is a form of plastic) and polyester mesh textile fabric.
According to provided figures, the PVC represents 30% by weight and 16% by value while the polyester mesh makes up 70% by weight and 84% by value of the lounger. While the mesh fabric constitutes the most weight and value and provides the full-body support of the user giving the user the ability to sit or recline, we also have to consider that the PVC air chambers give the pool lounger the ability to float.

 

US Customs classified it as a Textile product(HS:6307) in Ruling NY N270096.

6307 Other made up articles, including dress patterns:
* * *
6307.90 Other:

Aqua Leisure Industries contends that it’s classifiable as a Plastic product(HS:3926)

3926 Other articles of plastics and articles of other materials of
headings 3901 to 3914:
* * *
3926.90 Other:

 

1.Customs’s opinion

The 44-inch Monterey Pool Lounger is a “composite good” consists of both PVC (which is a form of plastic) and polyester mesh textile fabric. According to the provided figures, the PVC represents 30% by weight and 16% by value while the polyester mesh makes up 70% by weight and 84% by value of the lounger. While the mesh fabric constitutes the most weight and value and provides the full-body support of the user giving the user the ability to sit or recline, we also have to consider that the PVC air chambers give the pool lounger the ability to float.
Without the inflatable PVC chambers, the lounger is not able to perform its main function as a pool or lake float. We thus find that the essential character of the overall product cannot clearly be ascribed to either single material.
General Rule of Interpretation GRI 3(c), directs that in such circumstances the classification will be the heading that appears last in numerical order among those which equally merit consideration. The competing headings here are 3926 (other articles of plastics) and 6307 (other made up textile articles). Heading 6307 appears last in the tariff.

 

2.Aqua Leisure Industries’s opinion

Aqua Leisure Industries contend that the Monterey pool lounger should be classified under heading 3926, HTSUS, because, it is the two plastic PVC air bladder components that impart the essential character of the overall pool lounger.

Aqua Leisure Industries base the argument on the decision in Swimways Corp. v. United States; wherein the Court of International Trade (“CIT”) classified various models of “Spring Floats” and “Baby Spring Floats” designed for the flotation of users in swimming pools, lakes and similar bodies of water in heading 3926, HTSUS, as an article of plastic.

Aqua Leisure Industries argue that the subject merchandise is substantially similar to the “Spring Floats” in the Swimways Corp. decision and that in light of the decision and legal analysis set forth by the CIT, CBP should reconsider its decision in NY N270096.

 

3.Court Opinion

In Swimways Corp., the “Spring Floats” consisted of an inflatable, polyvinyl chloride (“PVC”) bladder that when inflated with air, provided the floatation capacity for the article. The center of the “Spring Float” was a woven elastomer textile mesh that supported the user during floatation.

Swimways Corp., at 1317. In Swimways Corp. the CIT explained that although the merchandise consisted of component materials that were both significant, neither heading adequately described the article as a whole Swimways Corp., at 1321–1322. Accordingly, the CIT resolved to determine which component or material imparted the essential character of the “Spring Float” in accordance with GRI 3(b). Id., at 1322. The CIT noted that both the textile mesh and the PVC bladder contributed different significant functions; with the textile mesh providing support to its user and the PVC bladder providing the flotation characteristic. Id. Yet, the CIT concluded that the PVC bladder imparted the essential character of the article as a whole because the floatation function of the PVC bladder was essential to the functioning of the finished article. Id., at 1324. The CIT explained that because the PVC bladder enabled the article to float in water, it was the component material that allowed the “Spring Float” to perform its primary function, fundamental to its commercial identity as a “float.” Id. As such, the CIT determined that the “Spring Float” was classified in heading 3926 because it was the plastic component materials that imparted the essential character of the product.

CONCLUSION

Customs reconsider the decision that absents the performance of the plastic PVC air bladders, the pool lounger could not perform its fundamental function, which is to float.

Accordingly, Customs find that the plastic PVC air bladders impart the essential character of the product as a whole. Thus, the Monterey pool loungers are classified according to the plastic component material of which the PVC air bladders are made.

By application of GRI 3(b), Customs find that the pool lounger is provided for in heading 3926

Source: CUSTOMS BULLETIN AND DECISIONS

Author’s Opinion

This product is made of PVC 30% by weight and 16% by value while the polyester mesh makes up 70% by weight and 84% by value of the lounger. it seems GRI3(b)(Ⅷ) should be applied to classify in 6307 or GRI3(c).

GRI3(b)(VIII) The factor which determines essential character will vary as between
different kinds of goods. It may, for example, be determined by the nature of
the material or component, its bulk, quantity, weight or value, or by the role
of a constituent material in relation to the use of the goods.

But this idea is overturned by Aqua Leisure Industries’s persuasive opinion with court precedent.
I agree with the opinion that absent the performance of the plastic PVC air bladders, the product sink to the bottom of the pool, but absent the textile part, it’s nothing other than just a Float.

In this example, floating material is considered more important than textile material which gives a user to feel relaxing.
But I guess opinions could be varied depending on the Country.
Some countries may adopt GRI3(b)(Ⅷ) or GRI3(c) without thinking about essential character.

 

And here are other examples of German Customs rulings.

 

Some Pool Loungers are classified in 9503.
There is a possibility that they are considered as a toy?

Filed Under: Court case

Ice scraper for Automobile classified in 3926 or 8708?

2021-05-07 By Taichi Kawazoe

Plastic Ice scraper for Automobile classified in 3926 or 8708?
there are differences of classification opinion between U.S. and EU nations regarding Plastic Ice scraper for Automobile.

U.S. Case

U.S. Customs take “Plastic Ice scraper for Automobile” as an Automobile accessory(HS:8708).

Here is the search result of the U.S. Customs ruling (CROSS) for “ice scraper”.
Many of them are classified in 8708 as Automobile accessory

 

Here is an individual case N022822

The item under consideration is the Ice Scraper (Item # A002CA00074) used to clear ice and snow from the windows of a motor vehicle. The ice scraper is 7 ½ inches in length by 5 inches in width, at its widest, and features either a snowflake or penguin motif printed on the blade and handle. The Scraper is constructed of 85% polypropylene and 15% silicon.

The applicable classification subheading for the Ice Scraper will be 8708.99

 

Why U.S. customs classify Ice Scraper as an Automobile accessory?

Confirm the definition of “accessories” first.
“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 that perform a particular service relative to the main function of the machine.
Source: EN Heading 8466 (B)

 

Based on that definition, here is the reason why Ice Scraper is classified as an Automobile accessory HQ 082080

ice scraper enhances the range of uses ordinarily encompassed by an automobile.
This article enables people to clear ice from the windshields of motor vehicles more quickly and efficiently than the use of built-in defrosting mechanisms, provided the vehicle is so equipped, would ordinarily permit.

And also they think Ice Scraper is for use solely or principally with automotive not for any other context.

Therefore U.S. Customs classified Ice Scraper as an Automobile accessory(HS:8708).

EU Case

To the contrary of The U.S. case, European Union nations classify Plastic Ice scraper for Automobile by material base(HS:3926.90).

German case DEBTI19707/18-1
The product is a 16 cm long plastic ice scraper as defined in note 1 to chapter 39. The product consists of a 10 cm wide, curved icebreaker/scraper edge with integrated grooves and a handle. The goods are opened in a polybag. The ice scraper is used for the free scratching of vehicle windows and is to be classified as ‘other articles of plastics other than those mentioned in subheadings (CN) 3926 1000 to 3926 9050’.(Translated in English)

Bildnummer 1

France case FR-E4-2007-004992-R
PLASTIC WORK IN THE FORM OF A BLADE (ICE SCRAPER) HANDLE WITH PLASTIC FOR REMOVING ICE ON THE WINDSHIELD GLASS AND A VEHICLE.(Translated in English)

European Union nations do not consider it for use solely or principally with automotive.
they understand those items are used for automotive but not solely or principally.

That’s might the reason why they classified it as a plastic article in 3926.90

Conclusion

In order to classify an item as Automobile parts or  Accessory, the item usually needs to fulfill that requirement.

Section XVII GENERAL(III)

(a) They must not be excluded by the terms of Note 2 to this Section
(b) They must be suitable for use solely or principally with the articles of Chapters 86 to 88
(c) They must not be more specifically included elsewhere in the Nomenclature

When it comes to considering the condition of ” for use solely or principally with automotive“, often conflict occurs between countries or even persons in the same country.

Some might think Ice Scraper can not be used other than automotive glass.
Some might think Ice Scraper can be used for other than automotive glass.

Those opinion differences make different classification results, the so-called “Gray zone”.

As far as I know, there is no way to fix this problem, hence when you export Ice Scraper for Automobile to the U.S., you need to expect it to be classified in 8707, and when you export it to the EU you need to expect it to be classified in 3926(if it’s made of plastic).

Most important thing is to know there is such kind of opinion differences between country prior to export or import items by searching each country’s ruling database.

Filed Under: Classification Example, HS Classification

  • « Go to Previous Page
  • Go to page 1
  • Interim pages omitted …
  • Go to page 15
  • Go to page 16
  • Go to page 17
  • Go to page 18
  • Go to page 19
  • Interim pages omitted …
  • Go to page 35
  • Go to Next Page »

Primary Sidebar

Recent Posts

  • Wooden Table with metal frame
  • Laser speed meter
  • Pillowcase with gel
  • Cosmetic set
  • Sponge

Recent Comments

    Archives

    • January 2023
    • December 2022
    • November 2022
    • September 2022
    • May 2022
    • April 2022
    • March 2022
    • February 2022
    • May 2021
    • April 2021
    • March 2021
    • December 2020
    • October 2020
    • September 2020
    • August 2020
    • July 2020
    • June 2020
    • March 2020
    • February 2020
    • January 2020
    • December 2019
    • November 2019
    • October 2019
    • September 2019
    • August 2019
    • July 2019

    Categories

    • Case Study
    • Classification Example
    • complex
    • Court case
    • General
    • GRI
    • HS Classification
    • Link
    • Movie
    • Origin Verification
    • Photo
    • Tariff engineering
    • 未分類

    Meta

    • Log in
    • Entries feed
    • Comments feed
    • WordPress.org

    Copyright © 2025 HS Classification by Precedent