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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. 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).
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)
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
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.