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How “Locking pliers” is classified under HS code

2020-03-28 by Taichi Kawazoe

In order to reduce supply chain costs, proper HS Tariff Classification needs to be
taken when it comes to adopting CTC method under the FTA.

In this article, I’m going to introduce how “Locking pliers” is classified by the customs across the world.
Those classifying records are retrieved from each country’s Advanced ruling database.

Those information will be a great help to understand how customs might consider classifying.

Table of Contents

  • Court case in the US
    • Plier Classification record(HS:8203)
    • Wrenches Classification record(HS:8204)
    • The subject of the issue
  • Court decision

Court case in the US

There was a conflict between importer and customs in court.
The issue was how to classify “Locking pliers” under HS code.

Importer insisted that “Locking pliers” should be classified as “Pliers”(HS:8203) but
Customs insisted that “Locking pliers” should be classified as “wrenches”(HS:8204)

In this case, the definition of “Pliers”(HS:8203) and “wrenches”(HS:8204) is important.
Here is an example classification record of “Pliers” and “wrenches”

Plier Classification record(HS:8203)

Pliers with specially shaped gripping jaws (working part). Made of chrome vanadium steel, fully hardened, powder-coated. Pliers have a slider for adjusting the jaw opening (several settings) and elongated handles, with double-PVC coated handles and a non-slip layer. Used for plumbing and general construction works.

Retrieved from:European Union Website

Wrenches Classification record(HS:8204)

Retrieved from:European Union Website

On the metric scale applied to the precision jaws.forged and hardened worm gear mechanism (forged and hardened).The key is made of chrome vanadium steel

 

The subject of the issue

The item below is the subject of the issue.

Retrieved from:Customs Bulletin

This “Locking pliers” has both essential characters of “Pliers” and “wrenches”.
It must be confusing how to classify.

Court decision

In the end, “Locking pliers” was classified as “Pliers”(HS:8203) not “wrenches”(HS:8204)

Below quoted from Customs Bulletin

Customs classified these tools as “wrenches” under heading 8204 of the Harmonized Tariff Schedule of the United States (“HTSUS”), and denied Importer’s protests to classify them as “pliers” under heading 8203,

The importer then filed suit in the Court of International Trade(CIT), challenging customs classification of the merchandise. The CIT denied customs motion for summary judgment that the tools are properly classified as wrenches under heading 8204, HTSUS, and granted Importer’s motion for summary judgment that the tools are properly classified as pliers under heading 8203, HTSUS.

At the CIT, Customs relied on dictionary definitions in support of its argument that a wrench is a “tool used to grasp an object and then turn or twist it (i.e., apply torque).”

The CIT found that although a wrench may be designed for a particular use, nothing about the tariff term for “wrenches” suggests a type of use such that the court should declare the tariff term one controlled by use.

Therefore, the CIT concluded that “wrench” is an eo nomine term, not one controlled by use. It rejected Customs’s proffered definition and defined a wrench referring only to its physical attributes as a “hand tool that has a head with jaws or socks having surfaces adapted to snugly or exactly fit and engage the head of a fastener (as a bolt-head or nut) and a singular handle with which to leverage hand pressure to turn the fastener without damaging the fastener’s head.”

The CIT held that the products under consideration were not wrenches because they incorporate two handles and jaws that do not necessarily snugly fit the head of a fastener.

Related posts:

  1. How “Bushing” is classified under HS code
  2. How “Sunshade” is classified under HS code
  3. How “Staring wheel cover” is classified under HS code
  4. How “Oil filter” is classified under HS code
*HS classification can be effective with ImageSearch on world customs ruling database
The method is in this Kindle book

By country> US|UK|DE|FR|ES|IT|NL|JP|BR|CA|MX|AU|IN
ImageSearch for HS classification

Filed Under: Classification Example, HS Classification

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HS classification can be easier with
ImageSearch on world customs ruling database
The method is in this Kindle book


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Author: Taichi Kawazoe
HS classification and FTA adviser
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