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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

Table of Contents

  • Before Revocation
  • After Review
  • Conclusion
  • My opinion
      • Related posts:

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.

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