US customs(CBP) is reclassifying various Rain gauges as other meteorological instruments under HScode 9015.80 rather than as other articles of glass under HScode 7020.00 or other articles of plastic under HScode 3924.90
At first, they considered that the essential character of this item is represented by its material glass or plastic.therefore they classified them as HS code of 7020.00 or 3924.90.
To the contrary, Europian Union classified Rain gauges as “Surveying, hydrographic, oceanographic, hydrological, meteorological or geophysical instruments and appliances”
Here are examples of Rain gauges classified by Germany customs.
| Item image |  |
|---|---|
| Issued Country | Germany |
| Reference | DE1351/12-1 |
| Issuing date | 2012-05-11 |
| Item name | Rain gauge |
| Classified HS code | 9015.80 |
| Details & Customs Opinion | Rain gauge, so-called rain gauge butterfly (Art. 23295), mainly consisting of an elongated rod with a total length of 110 cm of base metal with a stylized butterfly at the upper end, and a circular cup with a cylindrical glass vessel in “cm” and “Inch” is scaled (external form: see Figure in Appendix). It is used to determine the rainfall in private applications. Not pos 8306, there are goods of Section XVIII, except in Note 1 h) to Section XV of this. The product is considered “not electronic equipment for meteorology, not by UPOS. (HS) recorded 9015 10-9015 40, not on particular aircraft” classified. |
| Item image |  |
|---|---|
| Issued Country | Germany |
| Reference | DE26898/16-1 |
| Issuing date | 2017-01-16 |
| Item name | Rain gauge |
| Classified HS code | 9015.80 |
| Details & Customs Opinion | Undertow. Rain gauge, essentially consisting of a wooden stick with a total length of approx. 37 cm, which is provided with a plastic fastening ring at the upper end. The ring serves to hold a cylindrical plastic container of approx. 24 cm in length and a diameter in the area of the opening of approx. 8 cm, which is provided with a graduation. The goods are packed in a plastic bag. The goods are used to determine the amount of rainfall in private areas of application. For the outer shape, see illustration in the appendix. The goods are classified as “equipment for meteorology other than those specified in subheading (TARIC) 9015 1010 10 to 9015 4090 00”. |
Retrieved from:European Union Website
There was HS classification dichotomy between the US and EU, but now CBP is revocating its opinion.
If there is a classification conflict between Function and Material we need to consider GRI 3(a)
Then we can see “Surveying, hydrographic, oceanographic, hydrological, meteorological or geophysical instruments and appliances” is more specific than “articles of glass” or “articles of plastic”.
Therefore Rain gauge should have been classified as HS code 9015.80.
