ABI Notice regarding the Classification of Sets

On Oct. 6, 2011, U.S. Customs and Border Protection issued a notice through the Automated Broker Interface regarding sets classified in accordance with GRI 3(b) or 3(c). Specifically, CBP reminded ABI users to report in column 30 the HTSUS number of the part of the set that provides the duty rate for the set when the set is classified pursuant to GRI 3(b) or 3(c). Users should precede this HTSUS number with a SPI of “X.”

However, the set classification does not stop there. Each article included in the set needs to be classified separately and reported on a separate line, as though it was not part of a set. Those articles of the set that do not provide the duty rate for the set as a whole should be preceded with a SPI of “V.” Brokers will also need to report the quantity and value attributed to each article with the “V” SPI.

Here is where you can find this message on the Cargo Systems Messaging Service on CBP’s website: http://apps.cbp.gov/csms/viewmssg.asp?Recid=18488&page=1&srch_argv=&srchtype=&btype=abi&sortby=&sby=

CBE Study Tip 3: Using Looseleaf and Bound HTSUS and Regulations

Let’s face it; the materials necessary to study for the Customs Broker Exam are burdensome. Who wants to carry around a bunch of big heavy books? While it’s possible to use online versions while studying, we don’t recommend that you make a habit of this practice. Why? Because you cannot use the online version of the Regulations or HTSUS on the day of the exam. You will also want to make notes in your materials and highlight key words, phrases and sections. Use the online versions after you’ve passed the exam or when you need a quick answer to a client question and you have the online version readily available.

Now that we’ve determined that printed versions are best, what are the options? There are three primary options, looseleaf, paperback (perfect binding) and coil bound.

Looseleaf
The looseleaf version is bulky; however, it can be easily updated when supplements are issued quarterly for the Regulations and in summer for the HTSUS. The print is larger than other versions, making it easier to read. There is also more room for making legible notes in the margin. If you use the looseleaf version, make sure you purchase a good quality binder so the pages turn easily and do not fall out of the binder.

Looseleaf editions can also be used in a publication rack, which allows them to sit open on a desk. The pages tend to turn more easily with a publication rack, and the disadvantage of bulkiness is essentially negated. This makes publication racks a popular choice for exam day.


Paperback/Perfect Binding
The Regulations produced using perfect binding resemble smaller paperback versions of the loose-leaf version (The paperback HTSUS is the same size as the looseleaf). The cover is made from heavier paper and is glued together at the spine with strong flexible glue. These books are lighter and slightly less expensive than the loose-leaf versions; however, they cannot be updated. If you are going to use the book regularly and make notes in the book, these might not be the best options. However, if you are looking for a book that is easy to carry for quick reference, then the paperback edition would be an excellent choice.

Coil Bound
Coil binding is commonly used for publications that are frequently opened so that the pages lie flat or back-to-back. Generally, binding is accomplished by punching holes along the entire length of the spine of the page and winding a wire through the holes to provide a fully flexible hinge at the spine. Coil bound versions are smaller and lighter weight than

their looseleaf counterparts are (they are the same size as the perfect-bound). Coil binding is similar to looseleaf; however, the pages cannot be removed and they cannot be updated.

For persons taking the exam, we suggest that you consider the looseleaf book or a coil bound version. Both books are sturdy, and the primary differences relate to the ability to update the looseleaf version versus the ease of carrying the coil bound version.

bcpSource Classification Contest Week 2 Question

Welcome to the classification contest sponsored by Boskage Commerce Publications to introduce bcpSource. bcpSource is the new advanced HTSUS online research tool containing the complete HTSUS, designed for speed and ease, updated with timely data, customizable to fit your specific needs and loaded with tools to help you integrate your program.

To participate in the contest, check the blog for the weekly question and submit your answer by following these instructions.

1. Go to www.bcpsource.com/program/ to access bcpSource.

2. Complete the registration.

3. Read the instructions on how to use the various features.

4. Locate the correct classification.

5. Click the "P" (which allows you to add your specific data) next to the classification code and type “FOUND IT in the SKU field.

6. Email inquiries@boskage.com to let us know that you've found the answer and what your answer is.

7. Enjoy using bcpSource!

The answer for Week 2 must be submitted by Noon (EST) Friday March 5, 2010. We'll pick the winning contestant randomly from a pool of all correct responses. The winner will be notified via email the following week, and will receive a $50 Amazon.com gift card. A list of the weekly winners will be posted on the blog at the end of the contest.

Week 2 bcpSource Classification Question

Classify a carrying case specially shaped and fitted for an IPod audio player. The cases are made of nonwoven textile fabric with an outer layer of polyvinyl chloride plastic sheeting. The cases measure approximately 4” high by 2” wide by 1” deep and have an integrated plastic belt clip.

bcpSource Classification Contest - Win A $50 Amazon Gift Card!

For the next four weeks, Boskage Commerce Publications is sponsoring a contest to introduce bcpSource, the advanced HTSUS online research tool! bcpSource contains the complete HTSUS, designed for speed and ease, updated with timely data, customizable to fit your specific needs, and loaded with tools to help you integrate your program.

To participate in the contest, check the blog for the weekly question and submit your answer by following these instructions. Answers must be submitted by Noon (EST) Friday each week. To kick this contest off, we'll give you a few extra days, so the deadline for the first week will be 2/26/2010.

1. Go to www.bcpsource.com/program/ to access bcpSource.

2. Complete the registration.

3. Read the instructions on how to use the various features.

4. Locate the correct classification.

5. Click the "P" (which allows you to add your specific data) next to the classification code and type “FOUND IT in the SKU field.

6. Email inquiries@boskage.com to let us know that you've found the answer, and what your answer is.

7. Enjoy using bcpSource!

We'll pick the winning contestant randomly from a pool of all correct responses. The winner will be notified via email the following week, and will receive a $50 Amazon.com gift card. A list of the weekly winners will be posted on the blog at the end of the contest.

Week 1 bcpSource Classification Question

Classify a set of four cherry bed lifters. The square lifters measure approximately 5”x5” and are imported from Nicaragua.

Parts & Accessories

In keeping with our discussions on the Harmonized Tariff Schedule of the United States (HTSUS) and classification, this week we explore the differences between parts and accessories. Sometimes it is important to know whether the imported item is a "part" or "accessory" in order to properly classify the item. Some HTSUS provisions provide for parts and accessories, while others only provide for parts. The following information provides some guidelines to use when trying to determine if an imported good is a part or accessory.

Parts Criteria
· It cannot be used on its own; or
· It must be combined with other articles to be used; or
· It is an integral, constituent, or component part without which the article to which it is joined could not function; or
· It lends to the safe and efficient operation of the article; and
· It is identifiable by the shape or other characteristics as being an article solely or principally used as a part.

Accessory Criteria
· It may facilitate use or handling; or
· It may widen the range of use of the named article; or
· It may improve the operation of the main article; and
· It is not needed to enable the articles with which it is used to fulfill their intended function; and
· It is something nonessential but desirable that contributes to an effect or result.

The following items are either parts or accessories for a laptop computer. Try to determine the proper designation for each. Check back next Monday for the answers!

· Monitor
· Flash Drive
· Internal Hard Drive
· Textile Storage Case


Trivia Answers – February 1, 2010

1. Prior to the implementation of the new HTSUS in 1989, there tariff numbers consisted of SEVEN digits.
2. The Word Customs Organization maintains the international version of the HTS.
3. The Tariff of 1828 was also known as the Tariff of Abominations because of the detrimental effects it had on the southern economy.
4. The Tariff Act of 1930 is also known as the Smoot-Hawley Tariff Act of 1930.

Tariff Trivia

In keeping with our discussions on the Harmonized Tariff Schedule of the United States (HTSUS) and classification, this week we are providing a few tariff trivia questions.

1. Prior to implementation of the new HTS in 1989, how many digits were found in the old tariff numbers in the Tariff Schedule of the United States?

2. What organization is responsible for maintaining the international version of the HTS?

3. Which tariff act was known as the Tariff of Abominations? Why?

4. By what other name is the Tariff Act of 1930 known?

Check back next Monday for the answers!

Customs Broker Exam Study Tip 3: Using Looseleaf and Bound HTSUS and Regulations

Let’s face it; the materials necessary to study for the Customs Broker Exam are burdensome. Who wants to carry around a bunch of big heavy books? While it’s possible to use online versions while studying, we don’t recommend that you make a habit of this practice. Why? Because you cannot use the online version of the Regulations or HTSUS on the day of the exam. You will also want to make notes in your materials and highlight key words, phrases and sections. Use the online versions after you’ve passed the exam or when you need a quick answer to a client question and you have the online version readily available.

Now that we’ve determined that printed versions are best, what are the options? There are three primary options, looseleaf, paperback (perfect binding) and coil bound.

Looseleaf

The looseleaf version is bulky; however, it can be easily updated when supplements are issued quarterly for the Regulations and in summer for the HTSUS. The print is larger than other versions, making it easier to read. There is also more room for making legible notes in the margin. If you use the looseleaf version, make sure you purchase a good quality binder so the pages turn easily and do not fall out of the binder.

Looseleaf editions can also be used in a publication rack, which allows them to sit open on a desk. The pages tend to turn more easily with a publication rack, and the disadvantage of bulkiness is essentially negated. This makes publication racks a popular choice for exam day.

Paperback/Perfect Binding

The Regulations produced using perfect binding resemble smaller paperback versions of the loose-leaf version (The paperback HTSUS is the same size as the looseleaf). The cover is made from heavier paper and is glued together at the spine with strong flexible glue. These books are lighter and slightly less expensive than the loose-leaf versions; however, they cannot be updated. If you are going to use the book regularly and make notes in the book, these might not be the best options. However, if you are looking for a book that is easy to carry for quick reference, then the paperback edition would be an excellent choice.

Coil Bound

Coil binding is commonly used for publications that are frequently opened so that the pages lie flat or back-to-back. Generally, binding is accomplished by punching holes along the entire length of the spine of the page and winding a wire through the holes to provide a fully flexible hinge at the spine. Coil bound versions are smaller and lighter weight than their looseleaf counterparts are (they are the same size as the perfect-bound). Coil binding is similar to looseleaf; however, the pages cannot be removed and they cannot be updated.

For persons taking the exam, we suggest that you consider the looseleaf book or a coil bound version. Both books are sturdy, and the primary differences relate to the ability to update the looseleaf version versus the ease of carrying the coil bound version.

Click HERE to view the various binding options for the CBP Regulations.

Section XXII of the HTSUS

Thank you for joining us for our series on classification. For the past 6 months, we’ve been studying the various sections of the HTSUS. If you’ve been following this series, you should have a better understanding of the commodities contained in each section and chapter of the HTSUS. We conclude our series with a review of Section XXII, which is only contained in the U.S. version and not used internationally. First, let’s look at the answer to last week’s question.

Answer to Section XXI Question
9706.00.0040
The chair is an antique because it is more 100 years old (1908). If for some reason it is determined that the chair were not an antique, the classification would be 9401.61.40. Note – both classifications result in duty- free treatment.

Section XXII covers Chapters 98 and 99, which consist of special classification provisions and temporary legislation. This section is unique to the United States. The HTSUS numbers in this section cannot be used for export documents. For qualifying products, the special provisions usually provide some alternative to the normal payment of duties. For example, companies importing merchandise pursuant to a contract with the military may be able to obtain duty-free entry on merchandise that would normally be dutiable if the proper documentation is filed under 9808.00.3000. It is not necessary to memorize each provision; however, it is important to be familiar with the various alternatives in order to provide economical solutions to your organization and/or clients.

Chapter 98 covers the importation of specific products under specific conditions. CBP may request additional documentation to prove eligibility for Chapter 98 provisions. Pay special attention to U.S. Note 2, which states that the tariff status of an article is not affected by the fact that it was previously imported and cleared through CBP. Some of the duty-free provisions include the following. Since these provisions are not used as frequently, you might consider making a list of the items included in each sub-chapter.

9801.00 – Articles Exported and Returned - Not Improved, U.S. Goods & Animals Returned
9802.00 - Articles Exported and Returned - Improved
9803 - Substantial Containers
9804 - Personal Exemptions, Residents and Non-Residents
9808 - Government Importation
9810 - Religious, Educational and Scientific Imports
9811 - Samples
9813 - Temporary Importation

Chapter 99 pertains to the importation of specific products that are subject to special or temporary alteration in duty or other customs treatment pursuant to legislative, executive and administrative actions. Chapter 99 only applies to U.S. imports and cannot be used for exports. The other sections of the HTSUS refer the user to Chapter 99 by the use of footnotes used with corresponding HTSUS numbers. Since the sections in Chapter 99 are temporary in nature, it is not necessary to spend large amounts of time learning the intricate details of each section. Just be aware that Chapter 99 provides for temporary changes to tariff treatment, and this could include reductions as well as increases.

This concludes our study of the 22 sections included in the HTSUS. Since we are approaching the April Customs Broker Exam, we will likely devote Mondays to some discussion of classification. Please feel free to post comments, suggestions or questions in the blog or send them to wizard@boskage.com.

Section XXI of the HTSUS

Thank you for joining us for our series on classification. Last week, we explored the articles contained in Section XX of the HTSUS. Today, we will continue our study of the various commodities covered in Section XXI of the HTSUS. Having a good general knowledge of the products covered in each section and chapter will expedite the classification process and improve accuracy of your classifications. First, let’s look at the answer to last week’s question.

Answer to Section XX Question
Classify a children’s chair stuffed with polyester fiberfill and made of 100% polyester fabric. The chair is sewn in the shape of a dog and is made for use by a child under the age of 10.
9401.80.6010
N011681

Section XXI covers Chapter 97, which consists of paintings, sculptures, and antiques. In order to claim classification under antiques, documentary proof that the article is more than 100 years old will be necessary. For certain works of art, documentary proof that the work is original, unique and handmade will be necessary. A work of art does not include reproduction by mechanical or photochemical means. CBP defines an original sculpture as the first 12 castings, replicas or reproductions made from the original work or mold. Original works of art and antiques are excepted from the country of origin marking; however, the country of origin must appear on the outside of the crate or packing materials.

Question
What is the classification of an upholstered oak chair, valued at $10,000, found to be manufactured in Germany in 1908?

Section XXII is also the last section of the HTS used internationally; however, next week, we will cover one more section that is used only in the United States. We are approaching the end of our study of the HTSUS. If there are any specific commodities or sections of the HTSUS that you would like to see discussed in this series, please feel free to post a comment or send your suggestions for a new series to wizard@boskage.com.

Section XX of the HTSUS – January 11

Thank you for joining us for our series on classification. Last week, we explored the articles contained in Section XIX of the HTSUS. Today, we will continue our study of the various commodities covered in Section XX of the HTSUS. Having a good general knowledge of the products covered in each section and chapter will expedite the classification process and improve accuracy of your classifications. First, let’s look at the answer to last week’s question.

Answer to Section XIX Question
Classify a “pin” used in manufacturing hand grenades for the Army.
Answer: 9306.90.0080

Section XX covers Chapters 94 through 96, which consist of furniture, lamps, toys, games, sporting equipment, and miscellaneous articles not elsewhere provided. There are no Section Notes, but the Chapter Notes contain important information that should not be overlooked.

Chapter 94 covers furnishings such as chairs, medical furniture, mattresses, lighting fixtures, and parts of the above articles. Pay close attention to Chapter Note 1, which provides a list of products that are excluded from this chapter. The historical definition of furniture required that it had to fit or sit on the floor; however, certain furniture such as shelves and cupboards are considered furniture even if they are designed to be hung, fixed to a wall or stand on another piece of furniture (See Chapter Note 2). Lighting fixtures require a breakdown by weight of material such as metal, glass and wood

Chapter 95 covers wheeled children's riding toys, dolls, stuffed toys, models, video games, Christmas decorations, sporting equipment and fishing gear. Chapter Note 1 provides a list of articles that are excluded from this chapter. Some articles of this chapter are subject to regulation by the CPSC. The CPSC regulates the import of toys to ensure safety for children playing with the imported toys. Significant changes were made to Chapter 95 in January 2007. If you are reviewing rulings or CBE exams prior to 2007, you may find some discrepancies in the HTS numbers. Generally, items formerly classified under 9501 and 9502 are classified under 9503.

Chapter 96 covers a wide variety of articles such as brooms, brushes, buttons, pens, and cigarette lighters. Chapter Note 1 provides a list of articles that are excluded from this Chapter. Some articles of this chapter are subject to regulation by the FDA, FWS and USDA.

Question
Classify a children’s chair stuffed with polyester fiberfill and made of 100% polyester fabric. The chair is sewn in the shape of a dog and is made for use by a child under the age of 10.

Join us next week for the answer to this week’s classification question and a discussion of Section XXI of the HTSUS. We are approaching the end of our study of the HTSUS. If there are any specific commodities or sections of the HTSUS that you would like to see discussed in this series, please feel free to post a comment or send your suggestions to wizard@boskage.com.

Section XIX of the HSTUS

Thank you for joining us for our series on classification. Two weeks ago, we explored the articles contained in Section XVIII of the HTSUS. Today, we will continue our study of the various commodities covered in Section XIX of the HTSUS. Having a good general knowledge of the products covered in each section and chapter will expedite the classification process and improve accuracy of your classifications.

Answer to Section XVII Question
Classify a collapsible music stand for use with a violin
9209.92.2000
Question 40 October 2009 Exam

Section XIX covers Chapter 93, which consists of arms, such as pistols and rifles, ammunition and parts of the foregoing. Articles of this chapter are subject to regulation by the Bureau of Alcohol Tobacco and Firearms (ATF). Many of the items found in this chapter require permits and special forms. Importation of automatic and semi-automatic "assault" weapons are prohibited from any country. Importation of other firearms are prohibited from certain countries . In addition to ATF regulations, the Department of Transportation (DOT) and CBP have regulations regarding the shipment of arms and ammunition to ensure the safety of the carrier, prevent unauthorized import and export of terrorist weapons and protection of passengers, employees and others.


Question
Classify a “pin” used in manufacturing hand grenades for the Army.

Join us next week for the answer to this week’s classification question and a discussion of Section XX of the HTSUS. We are approaching the end of our study of the HTSUS. If there are any specific commodities or sections of the HTSUS that you would like to see discussed in this series, please feel free to post a comment or send your suggestions to wizard@boskage.com

Section XVIII of the HTSUS

Thank you for joining us for our series on classification. Two weeks ago, we explored the articles contained in Section XVII of the HTSUS. Today, we will study the various commodities covered in Section XVIII of the HTSUS. Having a good general knowledge of the products covered in each section and chapter will expedite the classification process and improve accuracy of your classifications.

Answer to Section XVII Question
Classify a hubcap used on a Ford Focus.
Answer: 8708.70.6045

Section XVIII covers Chapters 90 through 92, which consist of optical, photographic, measuring, medical apparatus, clocks, musical instruments, and parts of these products. Some of these goods may be subject to FDA and FCC regulations.

Chapter 90 covers a wide variety of equipment such as lenses, eyeglasses, telescopes, movie cameras, photocopiers, x-ray machines and gauges, as well as parts of these articles. Chapter 90 Note 2 provides details about how to classify "parts and accessories" for the products in this chapter. Chapter 90 contains a large number of articles, which are subject to the rigorous registration, and approval process of the FDA. Equipment with radio frequency capabilities must be accompanied by the FCC 740.

Chapter 91 covers clocks, watches, parking meters, watchbands, and other parts. Commercial invoices for products of this chapter require additional information. Additional U.S. Note 4 sets forth the special country of origin marking requirements. Generally, CBP considers the country of origin of a clock or watch to be the origin of its movement, not the country in which it was assembled. Special provisions are allowed for watches and clocks assembled in insular possessions. Classification of watches and clocks is a little more difficult than some of the other chapters.

Chapter 92 covers the importation of stringed instruments, keyboards, woodwinds, percussion, electrical instruments, music boxes and whistles. Toy instruments are excluded from this chapter.

Question:
Classify a collapsible music stand for use with a violin

Join us next week for the answer to this week’s classification question and a discussion of Section XIX of the HTSUS. If there are any specific commodities or sections of the HTSUS that you would like to see discussed in this series, please feel free to post a comment or send your suggestions to wizard@boskage.com

Section XVI of the HTSUS

Thank you for joining us for our series on classification. Last week, we explored the articles contained in Section XV of the HTSUS. Today, we will study the various commodities covered in Section XVI of the HTSUS. Having a good general knowledge of the products covered in each section and chapter will expedite the classification process and improve accuracy of your classifications.

Answer to Section XV Question
Classify a brass showerhead
Correct Answer: 7418.20.1000
Additional Information: NY R01416

As one of the largest sections of the HTSUS, Section XVI covers Chapters 84 and 85 consisting of machinery, mechanical appliances and electronics. This section and the two chapters it contains can be very confusing, even for experienced classification specialists. Pay close attention to the exclusions found in the Section Notes, especially 1 (g) for parts of general use.

Many of the parts for the machines classified in Chapters 84 and 85 are also specifically found in these chapters. For example, a hydraulic pump might include a solenoid valve. Should the valve be classified as a hydraulic pump part under 8413.91.9050 or as a solenoid valve under 8481.80.9005? According to GRI 1 and Section XVI Note 2(a), the valve should be classified in its respective heading even if it is a part of a pump. Products in this section, specifically Chapter 85, may require compliance with FCC guidelines.

Easily one of the largest chapters in the HTSUS, Chapter 84 covers a wide variety of machinery, equipment and parts. Articles of this chapter include engines, pumps, forklifts, hand power tools, calculators, computers, valves, bearings and other products. Certain commodities, such as bearings, require extra detail on the commercial invoice. Commodities requiring additional information are found in 19 CFR 141.89.

Chapter 85 covers a wide variety of equipment powered by or involving the use of electricity. Products include electric motors, batteries, appliances, lighting, hair dryers, telephones, radios, switches, light bulbs and miscellaneous parts. The Chapter and Statistical Notes provide explanations of various electrical products such as printed circuits, integrated circuits, transceivers and others.

Note: Significant changes were made to Chapters 84 and 85 in January 2007. If you are reviewing CBE tests or binding rulings issued prior to 2007, you may find some discrepancies in HTS numbers.

Section XVI Question
Classify a hydraulic accumulator used on a forklift truck.

Join us next week for the answer to this week’s classification question and a discussion of Section XVII of the HTSUS. If there are any specific commodities or sections of the HTSUS that you would like to see discussed in this series, please feel free to post a comment or send your suggestions to wizard@boskage.com

Section XV of the HTSUS

Thank you for joining us for our series on classification. Last week, we explored the articles contained in Section XIV of the HTSUS. Today, we will study the various commodities covered in Section XV of the HTSUS. Having a good general knowledge of the products covered in each section and chapter will expedite the classification process and improve accuracy of your classifications.

Section XIV Answer
Correct Answer: 7114.11.4500

See Chapter 71, Note 4(a); Section XV, Note 1(e)

Section XV covers 12 chapters containing base metals and articles of base metals. Notice that not all articles made of metal are classified in this section. For example, metal furniture is found in Chapter 94. It is important to read all of the section and chapter notes. The section notes list articles excluded from classification in these chapters. For example, Section Note 3 lists the base metals. Section Note 5 describes an alloy of base metals as being classified by the metal, which predominates by weight over each of the other metals. Pay close attention to Section Note 2, which defines parts of general use. These items are generally capable of having multiple functions not specific to any one machine and are called parts of general use. Most of the goods covered in this section do not require any special approval from other government agencies. There are some exceptions for metal articles used for food service such as metal cooking utensils. Some chapters contain articles subject to antidumping and countervailing duties.

Chapter 72 covers primary materials of iron and steel, including non-alloy and alloy steel. This chapter does not cover finished goods, which are found in Chapter 73. Some items in this chapter require special steel licensing. See http://ia.ita.doc.gov/steel/license/ for additional information concerning the steel licensing process.

Chapter 73 covers iron and steel products such as pipes, fittings, fasteners and miscellaneous articles. Some articles entered under 7301 through 7307 may require a mill analysis providing percentages by weight of the elements, such as carbon, found in the article. Articles in this chapter require special steel licensing. See http://ia.ita.doc.gov/steel/license/ for additional information concerning the steel licensing process.

Chapter 74 covers copper articles such as plates, tubes, fasteners, pots, house wares and plumbing supplies. This chapter also includes brass and bronze articles.

Chapter 75 covers nickel and articles of nickel such as wire, tubes, fittings and miscellaneous articles.

Chapter 76 contains aluminum and articles such as plates, pipes, kitchenware, hardware and other articles.

Chapter 77 has been reserved for future use and does not currently contain any Chapter Notes or HTSUS numbers.

Chapter 78 covers lead and articles of lead such as plates, tubes, fittings and miscellaneous articles.

Chapter 79 contains zinc and articles of zinc such as sheets, tubes, fittings, gutters and miscellaneous articles

Chapter 80 covers tin and articles of tin such as plates, strips, pipes, fittings and household articles.

Chapter 81 covers base metals not specified elsewhere such as tungsten, molybdenum, magnesium, cobalt, titanium and articles made of these base metals.

Chapter 82 contains metal hand tools such as gardening tools, wrenches, hammers, cutlery, razors and scissors. With the exception of articles for use with food products regulated by the FDA, products of this chapter do not require any special licensing, permits or documentation. See 19 CFR 134 for special marking requirements for certain tools. The Statistical Notes provide guidance on proper reporting of pieces in a set. Duty on sets of 8206, 8211 and 8215 is determined by the article in the set that carries the highest duty rate.

Chapter 83 covers miscellaneous metal articles such as keys, mountings for furniture, office accessories, nameplates and caps.

Question:
Classify a brass showerhead

Join us next week for the answer to this week’s classification question and a discussion of Section XVI of the HTSUS. If there are any specific commodities or sections of the HTSUS that you would like to see discussed in this series, please feel free to post a comment or send your suggestions to wizard@boskage.com

Section XIII of the HTSUS

Thank you for joining us for our series on classification. Last Monday, we explored the articles contained in Section XII of the HTSUS. Today, we will study the various commodities covered in Section XIII of the HTSUS. Having a good general knowledge of the products covered in each section and chapter will expedite the classification process and improve accuracy of your classifications.

Section XII Answer
6505.90.8090
Q36 October 2009 CBE
Q34 April 2002 CBE

Section XIII covers Chapters 68 - 70 containing articles of stone, cement, ceramic and glass. There are no Section Notes; however, CBP provides quite a few Informed Compliance publications on glassware. Some of the articles contained in these chapters may be subject to FDA requirements for lead content.

Chapter 68 contains building stone, marble, slate, roofing, plasterboard, cement blocks, tiles and other products made of stone. The Additional U.S. Notes to Chapter 68 provide specifications for slabs and tiles. Asbestos products may be prohibited from importation, so it would be a good idea to check with the EPA for specific prohibitions.

Chapter 69 covers household fixtures, kitchenware and other house wares of porcelain, china, earthenware and stoneware. For classification purposes, it will be necessary to determine the difference between porcelain, china and other ceramics. Chapter Note 5 explains the difference between porcelain, earthenware and bone china. Chapter Note 6 provides the pieces necessary to classify a set of dishes. The Explanatory Notes provide detail for distinguishing purely ornamental articles from those with a specific utilitarian purpose.

Chapter 70 contains glassware such as, safety glass, mirrors, jars, tableware, items for toilet, office and home use, and glass fibers. The Chapter Notes and Explanatory Notes provide additional explanation of glass terminology. It is important to be able to distinguish between tempered and safety glass. The Explanatory Notes distinguish the characteristics of the two.

Question:
A shipment contains 100 10-inch and 7½ inch decorative porcelain plates. The plates are packed in retail sets of one 10-inch plate and one 7 ½ inch plate per set. Each set is valued at $375. The plates are used as pictures or placed over cabinets. What is the correct classification of these plates?

Join us next week for the answer to this week’s classification question and a discussion of Section XIV of the HTSUS. If there are any specific commodities or sections of the HTSUS that you would like to see discussed in this series, please feel free to post a comment or send your suggestions to wizard@boskage.com

Section XI of the HTSUS

Thank you for joining us for our series on classification. Last Monday, we explored the articles contained in Section X of the HTSUS. Today, we will study the various commodities covered in Section XI of the HTSUS. Having a good general knowledge of the products covered in each section and chapter will expedite the classification process and improve accuracy of your classifications.

Answer to Section X Question
4819.20.0040
NY F83287

Section XI covers Chapters 50 through 63 consisting of textiles in raw form to manufactured articles. The classification of textiles can be quite difficult. Importers working in the textile field and brokers processing entries for importers specializing in textiles should spend extra time working in this part. The Section Notes are very important as they provide a long list of what is not included in this section. The Statistical Notes provide definitions of "subject to cotton, wool and man-made fiber restraints." CBP also publishes several specialized Informed Compliance Publications related to textiles.

Chapter 50 covers silk such as raw silk, silk yarns and fabrics woven of silk. Products of this chapter and most of the other chapters in this section must comply with the Textile Fiber Products Identification Act (TFPIA) regulations.


Chapter 51 covers uncombed wool, wool or animal hair yarns and woven fabrics of wool or animal hair. Animal hair includes the hair of alpaca, llama, camel, yak, goat, rabbit, beaver, muskrat and horse. The Chapter Notes define "wool, fine animal hair and coarse animal hair."

Chapter 52 covers the importation of unprocessed cotton, cotton waste, cotton sewing thread and cotton fabrics. The Chapter Notes provide a definition of denim and the procedure for calculating "average yarn number." The Statistical Notes define the various types of cotton fabrics such as poplin, broadcloth, print cloth, oxford cloth and duck. Finishing operations include bleaching, shrinking, filling, napping, permanent stiffening, weighting, permanent embossing or moireing.

Chapter 53 pertains to raw flax, hemp, jute, sisal, coconut, ramie and other vegetable textile fiber yarns and fabrics. The Chapter Notes provide definitions of various types of fabrics and the formula for calculating "average yarn number."

Chapter 54 pertains to synthetic sewing threads such as nylon or polyester, synthetic and artificial filament yarns and woven fabrics. The Chapter Notes provide a detailed explanation about man-made fibers and the difference between artificial and synthetic fibers.

Chapter 55 covers synthetic and artificial staple fibers, whether or not processed, sewing thread, yarn and woven fabric. The Statistical Notes provide definitions of various types of fabric.

Chapter 56 covers felt, non-woven fabrics, textile covered rubber, twine, ropes, cables and netting. Wadding materials used for sanitary purposes, such as diapers, are subject to FDA regulation.

Chapter 57 covers hand-woven and machine-woven textile floor coverings. The textile materials must be exposed on the surface when the item is in use.

Chapter 58 covers terry cloth, net fabric, lace, needlework, tapestries, labels, tassels and other ornamental trimmings.

Chapter 59 covers impregnated, coated or laminated fabrics such as linoleum, wall coverings, transmission belts and other industrial type products. The Chapter Notes provide exclusions to various headings. The same labeling requirements found in the previous textile chapters also apply to articles in this chapter.

Chapter 60 covers knitted or crocheted fabrics. Care must be taken to distinguish knitted fabrics from woven fabrics. The same labeling requirements found in the previous textile chapters also apply to articles in this chapter.

Chapter 61 covers knitted articles of apparel. Care must be taken to distinguish knitted apparel from woven apparel. Pay close attention to the definition of "babies" clothing in Note 6. Chapters 61 and 62 contain articles that may be suits or ensembles; therefore, the notes provide information to help distinguish the difference between suits and ensembles.

Chapter 62 covers the importation of woven garments for adults and children such as coats, shirts, sweaters, hosiery, mittens and other articles of clothing. Chapter Note 4(a) provides a definition of babies clothing.

Chapter 63 consists of miscellaneous textile articles such as blankets, bed, table, bath and kitchen linen, curtains, blinds, tents, lifejackets and worn articles of clothing. The Chapter Notes provide the requirements for goods to be classified as "worn clothing and textiles."

Classify a pair of infant’s 100% cotton woven ski mittens that will be worn by a child whose body height is 68 cms.

Join us next week for the answer to this week’s classification question and a discussion of Section XII of the HTSUS. If there are any specific commodities or sections of the HTSUS that you would like to see discussed in this series, please feel free to post a comment or send your suggestions to wizard@boskage.com

Section IX of the HTSUS

Thank you for joining us for our series on classification. Last Monday, we explored the articles contained in Section VIII of the HTSUS. Today, we will study the various commodities covered in Section IX of the HTSUS. Having a good general knowledge of the products covered in each section and chapter will expedite the classification process and improve accuracy of your classifications.

Answer to Section VIII Question
Correct Answer: 4202.92.9026
See: NY G84507

Section IX covers Chapters 44 through 46 which contain articles of wood, cork, straw and basketwork. Articles covered by these chapters may require approval by the U.S. Department of Agriculture, Fish & Wildlife Service and the Consumer Product Safety Commission.

Chapter 44 includes various forms of wood such as rough, veneer, plywood, particleboard, tableware and miscellaneous wooden articles. Pay attention to the Chapter Notes that exclude products of certain other chapters. There are also notes that provide explanations of types of wood that may be important in properly classifying goods.

Logs, lumber and other unmanufactured wood articles imported into the United States pose a significant hazard of introducing plant pests detrimental to U.S. agriculture. Some wood packaging material is subject to the IPPC (International Plant Protection Convention) The wood packing material must be marked with the IPPC logo, ISO country code, unique treatment facility number and the method of treatment.

Chapter 45 includes natural raw cork, crushed or granulated cork, cork pieces, stoppers, disks, washers, wall coverings and other articles of cork. This chapter does not include footwear, headgear or toys.

Chapter 46 covers plaited articles, basketwork, wickerwork and articles such as bags and luggage. Plaited material includes straw, willow, bamboo, rushes, reeds, raffia and other vegetable matter. Articles of furniture and footwear are not classified in this chapter. CBP may not allow paper stickers for country of origin marking labels on wicker and baskets if they will not remain affixed to the merchandise. Importers should consult CBP for alternative methods of marking for this type of merchandise.

Question:
Classify a container of wooden pallets being shipped from Japan to the U.S. for use in packaging heavy equipment.

Join us next week for the answer to this week’s classification question and a discussion of Section X of the HTSUS. If there are any specific commodities or sections of the HTSUS that you would like to see discussed in this series, please feel free to post a comment or send your suggestions to wizard@boskage.com

Section VII of the HTSUS

Thank you for joining us for our series on classification. Last Monday, we explored the articles contained in Section VI of the HTSUS. Today, we will study the various commodities covered in Section VII of the HTSUS. Having a good general knowledge of the products covered in each section and chapter will expedite the classification process and improve accuracy of your classifications.

Answer to Section VI Question
3004.90.9155
NY K87058
http://rulings.cbp.gov/index.asp?ru=k87058&qu=pain+reliever&vw=detail


Section VII includes Chapters 39 and 40, which contain plastics and rubber and articles made from each. With the increased use of plastic and rubber products, it’s not surprising that these two chapters contain a large number of detailed provisions. Products of this section may require compliance with FTC, CPSC, FDA, EPA and DOT regulations. For example, rubber surgical gloves must comply with FDA regulations.

Chapter 39 covers plastic products in primary forms such as styrene, vinyl esters, and acrylic and plastic articles such as tubes, sheets, housewares, seals and various other articles. Review the exclusions found in the Chapter 39 Notes which include certain wall coverings, jewelry, parts of vehicles and articles found in various other chapters. It is important to have some familiarity with the products included in the other chapters to ensure merchandise is not incorrectly classified in Chapter 39. Also check 19 CFR 141.89 for special invoice requirements for certain articles.

Chapter 40 includes natural and synthetic rubber, vulcanized and unvulcanized rubber, tires, hygienic articles and miscellaneous manufactured articles of rubber. Pay close attention to the articles excluded from classification in this chapter. It is important to be familiar with the products included in Chapters 64, 65, 90, 92, 94, 95 and 96 in order to avoid improperly classifying products in Chapter 40.

Question
Classify a vinyl baseball mitt with sewn seams.


Join us next week for the answer to this week’s classification question and a discussion of Section VIII of the HTSUS. If there are any specific commodities or sections of the HTSUS that you would like to see discussed in this series, please feel free to post a comment or send your suggestions to wizard@boskage.com

Section VI of the HTSUS

Thank you for joining us for our series on classification. Our last classification blog explored the articles contained in Section V of the HTSUS. Today, we will study the various commodities covered in Section VI of the HTSUS. Having a good general knowledge of the products covered in each section and chapter will expedite the classification process and improve the accuracy of your classifications.

Answer to Section V Question
2716.00.0000 Free


Section VI covers a wide variety of chemical products from Chapter 28 through 38. Many of the products are subject to regulation by one or more government agencies such as the EPA, FDA, FTC and USDA. Certain chemical products will require a Chemical Abstracts Service (C.A.S.) registry number. The Chemical Appendix to the HTSUS provides a list of C.A.S. numbers.

Chapter 28 covers inorganic chemicals such as inorganic acids, nonmetal oxygen, halogen silicides and nitrides. Products of this chapter must comply with EPA, TSCA and DOT regulations. The entry invoice must contain the Chemical Abstracts Services Number (CAS). Chemical products may require special packaging, which allows for ventilation and temperature control.

Chapter 29 covers organic chemicals such as alcohol, vitamins, hormones and antibiotics. The entry invoice must contain the CAS number.

Chapter 30 includes pharmaceutical products such as medicines, bandages and drugs for both humans and animals. Pay special attention to the exclusions found in Note 1 of this Chapter. Pay close attention to Chapter Note 1, which provides some important exclusions. Note 4 provides a list of goods that must be classified in heading 3006. The importation of pharmaceutical products is highly regulated. There are numerous labeling requirements depending on the type and use of the drug. All labeling information must be in English and appear conspicuously on the label.

Chapter 31 covers the importation of fertilizers in both solid and liquid forms whether manufactured from animal, vegetable, mineral or chemical substances. Chemical fertilizers require the submission of a TSCA Certification.

Chapter 32 includes paints, inks, enamels, varnishes, putties and other coloring extracts. Products containing chemicals require the submission of a TSCA Certification.

Chapter 33 covers perfumes, make-up, deodorants, and hair, dental, shaving and bath products. Note that soap is not included in this chapter. Certain liquid oral hygiene products, such as mouthwashes, must be packaged in tamper-resistant packages. In addition to Customs marking requirements, the FDA regulates the labeling of cosmetics. A list of ingredients and warnings is required on specific commodities distributed for retail sale.

Chapter 34 covers soap, cleaning products, polishes, candles and dentistry preparations. Note that preparations containing soap, such as shampoos and shaving creams, are not classified in Chapter 34.

Chapter 35 covers starches, glues and adhesives.

Chapter 36 includes the importation of explosives, fireworks, matches and lighter fuels. Importers of explosives must obtain a license from ATF. The importation of white phosphorus matches is prohibited.

Chapter 37 covers the importation of photographic film, paper, plates and other media motion picture film and photographic chemicals. Products may require the submission of a TSCA Certification.

Chapter 38 covers the importation of miscellaneous chemical products such as turpentine, wood tars, creosote, insecticides, pesticides, disinfectants, hydraulic fluids and antifreeze. Insecticides and pesticides must be registered with the EPA. The EPA 3540-1 must be presented at entry for insecticide and pesticide shipments. Products of this chapter may also require a TSCA Certification.

Question
Classify chewable, antacid tablets consisting of 500mg of calcium carbonate. The tablets come in assorted colors and flavors and are put up for retail sale in plastic bottles containing 100 tablets.

Join us next week for the answer to this week’s classification question and a discussion of Section VII of the HTSUS. If there are any specific commodities or sections of the HTSUS that you would like to see discussed in this series, please feel free to post a comment or send your suggestions to wizard@boskage.com

Section V of the HTSUS - Mineral Products

Thank you for joining us for our series on classification. Last Monday, we explored the articles contained in Section IV of the HTSUS. Today, we will study the various commodities covered in Section V of the HTSUS. Having a good general knowledge of the products covered in each section and chapter will expedite the classification process and improve accuracy of your classifications.

Answer to Section IV Question
2106.10.0000
N065335
http://rulings.cbp.gov/index.asp?ru=n065335&qu=protein+powder&vw=detail


Section V covers chapters 25 through 27 containing mineral products. Some of the goods covered in these chapters are subject to the regulations of the EPA and DOT. Containing few chapters and limited in scope, this section of the HTSUS is not as frequently tested on the Customs Broker Exam.

Chapter 25 covers minerals such as salt, sand, quartz, chalk, granite and marble. Pay close attention to the Chapter Notes as some goods manufactured from articles in this chapter, such as chalk, are classified in other chapters. Without reading the Chapter Notes, one might accidentally assume that drawing chalk for children would be classified under 2509.00.2000 as “other chalk.”

Chapter 26 contains ores, slag and ash. In order to properly use this chapter, it is necessary to know the definitions of these terms.

Chapter 27 covers mineral fuels, oils and waxes such as coal, petroleum oils, paraffin and electrical energy. The Chapter Notes define motor fuel and petroleum oils along with some lesser-known terms. The Additional U.S. Notes also provide some interesting points. Have you ever wondered how electric energy is imported? This part also points out that petroleum jelly used for skin care is not included in Chapter 27. Imports of petroleum jelly, white mineral oil and paraffin wax are regulated by the FDA. Mineral oils and fuels are subject to EPA and DOT restrictions. TSCA (Toxic Substances Control Act) statements may be required for some goods. Flammable products must be appropriately labeled according the Federal Hazardous Substances Act. The labeling must distinguish between "extremely flammable," "flammable," and "combustible."

Question
What is the classification and duty rate for electrical energy?

The weekly classification blog will not appear next week due to the Labor Day holiday, but join us the following week on September 14 for the answer to this week’s classification question and a discussion of Section VI of the HTSUS. If there are any specific commodities or sections of the HTSUS that you would like to see discussed in this series, please feel free to post a comment or send your suggestions to wizard@boskage.com.