Trimer set was classified as “Shaver”(HS:8510.10) by U.S. Customs ruling N274103.

However, this U.S. decision contradicts the decision of the German customs.(HS:8510.20)

*image of the targeting item

Source: Amazon.com

Before Revocation

The targeting item is called “Philips Norelco Multigroom 5100”.

This shaver is a battery-powered all-in-one beard and hair trimmer with a self-contained motor. It includes 4 attachments such as,

①full size metal trimmer (Including 3 combs),

Source: Amazon.com

It also includes 3 combs such as, 18-setting beard and stubble comb (18mm), 12-setting stubble comb (12mm) and 18-setting hairclipper comb (3-20mm). The combs and the attachments are designed to cut different lengths of hair.

The full size metal trimmer is used without combs to complete the style and get clean edges on the beard. The stubble comb attachment can trim the stubble to the exact length by locking the setting that suits the desired length from 1mm to 12mm.

②detail trimmer, ③detail foil shaver, and ④nose trimmer.

Source: Amazon.com

The nose trimmer attachment will remove unwanted nose and ear hair. The precision trim-mer attachment creates fine lines with contours and details to define the look.

The detail foil shaver attachment will get rid of unwanted hairs in smaller areas on the cheek and chin for clean finishes.

Issue

Are the items are classified under subheading 8510.10, HTSUS, as shavers or under subheading 8510.20, HTSUS, as hair clippers?

At the first decision, U.S. Customs classified it in 8510.10.

And here is the German customs classification record, they classified it in 8510.20.

Item image
Issued Country	German customs
Reference	DE24384-16-1
Issuing date	March 17, 2017
Item name	Body Groomer
Classified HS code	851020
Details & Customs Opinion	Body Groomer, – from a handheld device with built-in electric motor, accumulator, on / off switch, charge control light, plug connection for mains adapter and hair cutting attachment with comb, nose and ear hair remover And removing (cutting) of body hair – without any main activity -, – in a common sales packaging with charging station, charger, cleaning brush and comb (see attachment). The body groomer determines the character of the whole. “”Hair cutting machine (multifunctional machine with haircutting machine and razor – without distinctive main activity – in goods collection in presentation for the retail sale with non-characteristic accessory pack) – so-called body groomer””

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After Review

The following HTS headings are under consideration:

four trimmer attachments for different uses and three trimming combs of various sizes and uses. Given that the imported items are sets for retail sale, and applying GRI3(b), we find that the trimmers, in whichever forms they take on once any of the various attachments or combs are employed, impart the essential character of the sets.

There is no dispute that the subject trimmers are classified in heading 8510, HTSUS, which provides, in relevant part, for shavers, hair clippers and hair-removing appliances, with self-contained electric motor. Rather, the issue is the proper classification at the subheading level within heading 8510,

In NY N274103, the device can accommodate four attachments that allow the device to be used as a full-size metal trimmer, detail trimmer, detail foil shaver or nose trimmer.

When used with the full-size metal trimmer attachment, the device cuts beard stubble to varying lengths while employing any of the included combs and, when used without the combs, can define clean edges on the beard or goatee.

The detail trimmer attachment is used to define even sharper edges around a user’s beard or goatee. When used with the detail foil shaver attachment, the device shaves small areas on the user’s cheeks and chin with precision.
The nose trimmer attachment allows the device to be used to trim unwanted nose and ear hair.

The full-size metal trimmer attachment and detail trimmer attachment cut hair by employing a reciprocating cutter blade that moves back and forth over a fixed metal comb.
That cutting action squarely falls within the cutting action described in EN 85.10 as that belonging to a clipper of subheading 8510.20, HTSUS.

The foil shaver attachment cuts hair by employing blades that move along the inside of a perforated foil plate and cuts hair that protrudes through the plate. That cutting action is akin to the cutting action described in EN 85.10 as that of a shaver of subheading 8510.10, HTSUS.

The nose trimmer attachment cuts hair by employing a rotating cutter that spins within a small metal tube into which hairs enter. That cutting action is akin to the cutting action described in EN 85.10 as that of a shaver of subheading 8510.10, HTSUS.

Given that the attachments allow the device of NY N274103 to possess cutting functions that are described in two subheadings of heading 8510, HTSUS, we must determine which of those functions is the device’s principal function by application of GRI 6 and Note 3 to Section XVI, HTSUS.

the full-size trimmer attachment that provides the device with the most utility because it can be effectively used to cut large swaths of hair from a beard covering a user’s entire face and neck as necessary, and also to detail clean beard edges. The remaining attachments’ intended uses are much narrower and focus upon more discrete portions of a user’s visage. We find that the detail trim-mer, foil shaver, and nose trimmer functions are subsidiary to the principal function of the trimmer.

Based on the facts above, U.S. Customs has reviewed NY N274103 and has determined the ruling letters to be in error.

Conclusion

By application of GIRs 3(b) and Note 3 to Section XVI, the trimmers of NY N274103 is properly classified as clippers of subheading 8510.20.

Source:Customs Bulletin

My opinion

Since the item is composite goods, we need to apply GIR3(b) to determine HS code.
The issue of this item is which function imparts the essential character.

full-size trimmer

or

detail trim-mer, foil shaver, and nose trimmer

Conclusively “full-size trimmer” is considered an essential character because it makes big changes whereas “detail trimmer, foil shaver, and nose trimmer” make small changes.

But I think foil shaver, and nose trimmer apply delicate technology to cut unwanted hair smoothly.

Without that delicate technology, users feel pain when they use it.

On that point, I think foil shaver, and nose trimmer apply more delicate technology than full-size trimmer.But when it comes to classifying HS code, full-size trimmer is more important.

“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””.

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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.

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?

“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

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

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.