>> CHRISSI GUTH: Good afternoon, I am Chrissi Guth with
CBP's office of tribulations. Today's
webinar is on a recap of fake flowers,
heating appliances, rushes, and
headbands.This
webinar is part of the and CES-D's 2023
webinar series. Please be mindful that you will be on mute during the presentation. Therefore we ask that you submit any questions you have in the chat feature.If
you plan to request the optional CCS or
CES credits through the NCB institute
please check the chat box for the institution code. It will be provided several times throughout the webinar.Now
I would like to pass it over to national import specialist
Kristopher Burton.>>
KRISTOPHER BURTON: Hello everyone, it's
Kris Burton. If you don't know me I
will go real quick, my email is on the first slide so you can have that if you want to email any questions or whatever.
I imagine a good chunk of you already know me or have seen some of my rulings,
but I handle a whole bunch of assorted miscellaneous things.
I have candles, 34^, miscellaneous or
other articles of classic and 3926. I have all of chapters 6 and 7,
the latter half of chapter 82, and I have 8516 for heating appliances.
Then I have a sprinkling of headings in chapter 96,
9601, 2, 3, 15, I think 13 and 14. So a
little bit of here and there.Today's
presentation if you can't tell from the
title is going to be an overview of my
past webinars. These are my kind of top
items that I see on a day-to-day basis.
Some of these presentations are a few years old, so I thought I would go ahead
and give a refresh on these topics. So
we will go ahead and get started.We've
got the two mission statements, CBP's mission statement, to protect the American people, safeguard our borders, and enhance the nation's economic prosperity.The
office of trade statement the office of
trade facilitate legitimate trade,
enforces you was lost, and protects American businesses.Time
for disclaimers. A lot of words.
Essentially this one says that what I
say, you know, take as general guidance.
[can't understand] speak, hopefully not, but
if you need specifics talk to a private sector experts such as a licensed
broker or attorney or consultant, or we always recommend
filing for a binding ruling.But
I guess in the last sentence, reliance on what I say today would not be considered
[can't understand]Another
disclaimer on the visuals. All of the
images I have are stock photos taken from
Google. We do not endorse, support any
of the products shown. I have just taken them as general examples
of what I am talking about. And I don't
believe any of them are specific -- some
of them might be but most of them are just general images
to illustrate a point.Last
but not least, if you guys have been
doing this for more than a couple of minutes you know that classification is complicated.
Each item is unique and distinct. So
as stated before, if you have specific questions about specific products, talk to a customs specialist or file for a binding ruling. You can do that electronically and there is the link.Okay.
Now we can go ahead and get started.
When I was coming up with the idea,
greatest hits came to me. This is my
greatest hits from past webinars. If
you have seen all of the past webinars, this may be pretty much a refresh and you have already seen it.
But hopefully there was a little bit new in there
to make it still interesting. So with that we will go ahead and get started with the first item.Heading
6702 which is where the fake flowers,
even though it also includes foliage and
fruits. It is broken up into two parts
and within that two you have these
articles of plastic and other material.
And of the plastics, it specifies how it is made. So if it is plastic
in the first part it is binded or glued,
and then other would be fitted together. It gives you choices so it is a process of elimination. Others is fitted together.The
other materials doesn't really care, it's either feathers or not, and then man-made fibers. Me that as polyester
fiber and then all of the other assorted
material.Per
note 1, it does not contain or does not
cover straining cloth, floral motifs, footwear, headgear, tors, sports equipment, carnival equipment, feather dusters, powder puffs or hair sieves.
Honestly you don't see a lot of this and it is set forth in chapter 95 but I have to differ on that on whether it is [can't understand] or not.She
usually says yay or nay and if it is name then we don't take it.It
also doesn't cover articles of glass.
And those items of pottery, stone,
metal, wood, or other materials obtained
in one piece. So there is not an exclusion from pottery, stone, metal, wood, it is just when it is obtained in one piece by molding, fortune, carving, standing or other processes or consisting of parts from glowing and that is where we get that.Explanatory
notes again, it covers flowers, foliage, fruits, resembling natural products and there is a construction requirement and it also includes parts and the articles that are made from these items.This
was something I had in the previous webinar that I thought would be useful to everyone.
This is if they are real feathers -- we already have a question, awesome. If they are made of real feathers what may they be subject to fish and wildlife?
That would be a question for fish and wildlife. If it is real feathers I would say yes,
when we write rulings and there is
anything made of animal, sometimes even
with certain plants we just go ahead and
put language in there and check with
fish and wildlife because they could be
protected, it could be not. A while
back there was a story of fake fur that
turned out to be I think raccoon don't. If it says turkey feather it may be
hock. So just to be mindful of the
feathers in the supply chain and all of that.Could
it be subject? Possible. As I said
usually it is common, like a goose
feather or a turkey feather. They are
really not as concerned with that. But sometimes it is another feather
that is passed off as a more common
feather.So
for the construction test, it must resemble a natural product.
That is where there is a little bit of a gray area. If it looks like a pumpkin
even though it is purple and glittery, we will probably still go there because if you look at it and it looks like a pumpkin now,
if it is purple and glittery and you
have no idea -- is an Apple, a
blueberry, a pumpkin, that is when we
will say it does not resemble a natural product. But if you put it in front of anyone and say what is this, it's a pumpkin but it is purple,
then we will usually go with that.Made
by various parts meaning two or more.
With the pumpkin you got the body and you've got the stem,
glue them together, assembled by various
parts.Than
the binding. Fastened together usually
with wire. Florist's tape, green,
brown, that is what we see the most common with binding. Gluing is pretty easy, adhesive. Then fitting together, usually that is with the plastic items. You have -- I will say little ring with a hook and they go together and click together and fitted together.
Also the paper flowers were you have a metal
brad and you have two or three flower sections and you stack them on top of each other and put the pin through and fit
it together.This
is an issue that we see fairly frequently. As I said these are just general examples.
I can't say exactly where they would be classified because I don't know materials, but let's say for example
on the first slide that those are all
polyester fabric with a natural vine, a
natural grapevine behind it.And
then you have the other wreath which is
probably like foam plastic pumpkins and polyester leaves,
maybe a mix of plastic where the sunflowers
and maybe some plastic foam beads. So
this is first the audience participation
part.Is
grapevine considered to have bark? We will say no.
It's just a vine. I guess it would embark on it, but it's just
vine.So
as a quick thought to both leaves the belong under heading 6702?
Yes or no.Okay.
And the first answer, he knows, he has asked in this a lot.
So the way we look at these, and that is correct, no.
The first one has visible lines and due
to the vines' visual nature and
underlying structure, we consider it to
impart the central character. It is one
of those, each gets a point. You've got
a point for decorative for the vine and a point for decorative for artificial foliage,
and then the vine gets structured so they get two points with the initial character review.
So it goes to the plating material and
not to the artificial foliage.We
will go to the next one. How about this artificial succulent?
Surprisingly succulents are pretty popular right now when we get quite a bit day questions on succulents.
Is this heading 6702?Okay,
you guys are already asking the right questions.
And I think you got onto that. It depends.
The succulents, I have seen them both ways. If you submit a binding ruling to us we will ask
that you provide images of this and in
detail how these are assembled. Usually
if I get a ruling for something in 6702
and it just says I've got something, you will probably get questions from me or a reject
because I need to know how these are assembled
because they have to meet the construction requirements.Most
of the time I can guess but I always
like to confirm. If it is molded in one piece as some of you has already pointed out it would fail the construction.
If it is made of plastic it goes to 3926
under other ornamental articles which I
also handle. So I get it either way.But
just to let you know, let us know how it is because as I said sometimes they are fitted together in segments or molded in one piece.Pumpkins,
they all go to heading 6702. I guess pumpkins are very popular
because we get a lot of pumpkins. So
take a guess on this one, it should be
pretty easy. Do all pumpkins go to
heading 6702? If you guys ever have
festive, some do go to festive, but in this case once again
it depends. Does the pumpkin meet the construction requirement?
It must be made by binding, gluing, for fitting together. It is crocheted or so, if we are talking metal or welded, those are some construction elements we have seen.
If it is not binding, glue, are fitted we don't consider it crocheting or welding or some of the other things to meet that,
so that it could go elsewhere.Okay,
so this is just a general example. We
just have a picture. How do you classify this, what is it made of, what is the construction?
Let's say for example this wreath does
meet requirements for heading 6702. It is glued and will say the community is all plastic and molded
and all of the flowers are polyester
fabric. Any guesses on whether it goes
to 6702 or two 6710 with plastic or 6790
as possibly man-made fibers?Okay,
go ahead and as I said I don't know all
the details, this is just my best guess
using my imagination on this. I would probably go with 6702.90, 3500.
Actually GRI 3B because this is
flowers, it is probably marketed and sold as a spring wreath.
It is bright red and yellow and orange that draws your attention in.
But I guess it also could fall to 3C so
you win either way with 93 500, but it's
an example of what you look for.With
a central character it's like weight and value, if it is decorative,
and you don't have that kind of utilitarian functionality. Sometimes you look at visual appeal
and why with the customer byte it. You look at it and it's like oh, it's pretty, but what is it that is the most pretty or the prettiest.
That is the reason why they are buying it in this case and I would say it is
the flowers, so that would be what would
provide the central character.If
you also have the flowers have the most of the value in most of the weight
which is probably also the case but as I said I don't know, than that also helps further
the argument that they impart the
central character.So
that is a good question, on whether if
the succulent is molded in one piece and
glued to the pot doesn't count. My
opinion is no because it's not really
the article -- it is not the article of
heading 6702 which is being assembled
through one of those methods. While it
is the total article, the pot holds a
different classification, so it is a composite good and you are putting that together. And of course in most cases the foliage imparts the central character over the pot.But
since you are having two items combined together the ceramic pot goes elsewhere and the foliage is what has to be assembled in multiple pieces. So taking a solid piece of foliage and gluing it onto a pot doesn't count. I hope that answers that question.We
love pumpkins and it almost looks real and if it's real
it goes elsewhere, but in this case you
have the pumpkin which is foam with maybe a paint shell on it. Then you have a solid molded plastic stem which is glued on. Or we can even make it more complicated to say it has a little nail type head so it is pushed into the pumpkin and then glued.Attached
or glued. Usually we go with when you
and the glue because that is what is really holding it in there.
So 10 2000, and like I said this is
just an example. I don't really know
how this pumpkin is made, just I artificial pumpkin in Google. So hopefully that gives you an idea of what we are looking for and what you should look for
and how to classify these things. You just have to take these components and look at how they are
made and what they are made out of and how they are assembled
and what makes them look like in this
case a pumpkin.Yes,
it's plastic. It is predominantly plastic and you would not look elsewhere.Yes,
exactly. Those are the type of little things that get
glued to wreaths.Nice
and quick, now we are on to heading
8516. I just a part of the chapter and not the whole chapter.
We had all [can't understand] so I just
of the flowers. In this case I am looking at more of the domestic
household type electro thermal
compliances and where the question comes
up, electro Thermo does mean a change in
temperature which could mean to make it colder or hotter but for CARES purposes it means hotter. 8516, if it does not get hot it does not go there.
Refrigeration goes in chapter 84.As
a brick at we have the hairdressing and her drying apparatus, electric flat irons, microwave ovens.
The ovens, ranges, cooking plates,
rings, and just in case you guys don't
know, and often is a little box that
cooks. The stove is the part that has
burners and the little metal rings or
some type of oil or something that heats up. And the range is a combination of the stove and oven.And
then other. And then you have the other
electro Thermo compliances like
coffeemakers, toasters, and other
electro Thermo components.So
it does not cover electrically warm to blankets, bed pads, foot muffs
or things that you wear and it also
excludes seated furniture. And another
section about toasters, it states the
term toaster includes toaster ovens which are designed essentially for toasting bread but can also make small items such as potatoes.And
we've got again a breakout of the
electro thermic hairdressing apparatus
and hand dryers. Hairdryers, Isaac ones
that some of you might have used this morning. Hair curlers,
curling Tong heaters and hand
dryers.Electrics
moving irons, you might've used
something like this this morning to press your clothes.Then
you have the other which includes
everything else. So microwaves are
specifically provided for under this umbrella, and then you have the ovens, cookers, things like that, coffeemakers, again
toasters and you have the capsules,
crêpe makers, waffle irons. A lot of the stuff
is for making food but it doesn't have to be for food.
Like popcorn, then you have a face dryer, facial sauna,
heated towel rail, bed warmers.And
you will notice, going back, bed pad.
That is more of like a fabric type
blanket that would go over the bed and
could be heated.Whereas
in this case a bed warmer is more like a
blower, a heated blower that blows hot air
in between the mattress and the comforter. That would be a bed warmer.It
excludes again electrically warm
blankets, bed pads, things that you wear.
Roller type ironing machine, the bigger
one. I will just say the commercial
grade thermoelectric compliances that
aren't usually found in a household, industrial microwaves,
furniture, cigarette lighters, domestic versus commercial and I will get to that as well as a second, that is the sticky .485 16.We
will start with our first 8516 audience participation. We got a flat iron and a couple of headings.
You see laying it right out there, electric flat irons, travel type, and other. Is that where this one goes?Okay,
some people know and some people are
tricked. As I said the tariff, if you have done this for more than a couple of minutes,
it's tricky because as I said it sounds
like your flat iron. This is an electric flat iron, no doubt.
But per this headquarters ruling, the
electric irons aren't flat irons for classification purposes because those are used for pressing clothes. And this is not for pressing clothes, it is for pressing hair.So
it would be under 8516.32, as and other hairdressing apparatus. It is not a curlers so it would be under 40. So that is the trick and you have to be careful with the tariff. It lays it right out, it tells you have got an electric flat iron and this is where this goes. And unfortunately if you look more into it, going into our notes and things like that, you find out that is not where it goes.This
is a hot topic, pun intended as well. I
have a coffee maker. Any reason it should not go under sub-heading
8516.71 with coffeemakers?The
first person to chime in, is it household
or commercial. Bingo, gold star. That
is exactly the point. I don't believe this is the exact coffee maker that was ruled on this, but I believe it was the Kerig
brand and we have to look at how was it
used. The Cumberland them factors come into play with this.There
are some items, to give you guys a heads up, if you do with is that kind of span the gap and could be used in both places
interchangeably. The item I'm thinking
about our water dispensers they can be
used in the office and at home and that
matter is currently before headquarters, we got referred up.
They did issue a really not long ago that when you have the heating and cooling component
cooling is 84 and heating is 85, less
tariff because they are both equal to the appliance, so generally the water dispensers are 8516 but how do you distinguish between a household and commercial versions.So
that is the question before headquarters on water dispensers because sometimes it is hard to tell.
Sometimes it's easy based on the warranty and expected
length of life and the prices a big tell but sometimes not. Sometimes domestic is more or less the same as commercial.So
it depends. Again it depends on whether
it is domestic or commercial use.Okay.
Now let's go on to the next one. I have a toaster oven. We all know we call these things toaster ovens. So is it a toaster or an oven?
The tariff says you are going to toast something, it's a toaster, but it also provides for ovens. So any guesses if this is a toaster or an oven?Okay,
it looks like you guys are getting it right.
Oven is the correct answer. I went
with something more extreme do not make
it too complicated or confusing. If you
are throwing French doors and it has two
racks, it is not suitable for just a
couple of slices of bread or a potato.And
I don't want to say this is a bright line test,
but it has come up in several different rulings as noted at the bottom.
It's the pizza test. As I said it is
very unofficial and don't take this as
anything official guidance or whatever,
but from those three rulings this is about
where it starts to get big enough that
it is no longer a toaster but it becomes
an oven.So
as pointed out it is designed essentially to toast bread, small items. If you think of the traditional toaster as pictured below you get two slices of bread, maybe four,
but we are pretty much just talking two slices of bread.
So that would be maybe two or three
potatoes depending on if you get one of those restaurant potatoes it's one.
But outside of that we are talking
something pretty small. It is kind of a
single use appliance.When
you start saying it can broil and air
fry and sauté and whatever, you are
losing it and you are going into oven.
And since I mentioned it, it does not appear that
the air fry debate is quite settled yet.
It is no longer before the courts, at least that I am aware of. The air fryers I think are settled on is being considered ovens,
at least at this time. Mainly because I
think that is where the exemption has
them. But in the question of what is an air fryer, you have an oven that air fries is that still an air fryer or does it have to be
one of those cattle looking things with a little basket.So,
another issue before headquarters. So
air fryers are still hanging out.This
should be an easy one if you guys have been paying attention.
We have a domestic and electro-thermic
article here. Are we 8516.79 or not as
other electro-thermic appliances?Yay!
Making sure everyone is paying attention. Always read the chapter notes, that's one of the first things that I learned
in import specialist basic training, was again it can say flat iron
or something like that. Tariff does that a lot.
But if you look to the chapter notes, usually it will explain it and tell you exactly where you need to go,
and if not sometimes in the expander notes which also will put you in the direction you need to go.But
you guys are right, the chapter note, the first one and the first item within that, electrically want blankets are excluded.
So this would go under specifically
electric blankets.Since
I am covering 9615 later in this presentation,
how do you tell when it goes to 8516 and when does it go to 9615
because they kind of point back at each other. It goes here or it goes here. So how do you tell? The answer right there at the bottom.
Again, the heat source. If it has a cord on it or it is battery-powered,
if you have electricity and we've got
something that is electro-thermic and it goes 8516.
If it is just plastic, like those
rollers or bobbin type things, then it
goes to 9650.This
is the last example. Then we can move
on. Had you classify a hybrid sous vide
oven, this is an example we had recently
that want to headquarters. It's an oven but it also cooks with water.So
when we have these hybrid appliances, in
just a second -- oven. Oven. Yes. It
is kind of in the name, that is one of
the things we look to. How is it
described, how was it sold. In this
case there has been previous steam ovens
that were classified in the oven
sub-heading. In this case we looked at
how it principally cooks. You can cook it
as an oven with or without the steam and
that further enhances the oven's central
character. So in the end we went to
oven.I
think the argument was whether it went to
8516.79 as and other electric appliance.
It is still an electric oven, so an oven. Correct, and that is essentially what headquarters decided
for this one.Okay,
moving on. 9603. Going over [can't
understand], that would be a negative as
I handle neither 7321 or 7322, so I will
not be covering those today. Sorry.What
about convection microwaves. I don't want to say too much on microwaves, I will go back real quick to the tariff.
Back, back, back. Okay, there we go,
microwaves. I believe that issue may be
before the court of international trade. I know there is an issue with microwaves before the court
so I don't want to speak too much on ovens.
The only thing that I wanted to point out
is here. If you look at 8516.60.40 60
you have micro if oven combinations. And this can get tricky because you have to deal with the GRIs
and you go heading to heading to
sub-heading. If you look at the six digit
8516.50 versus 8516.60, you have
microwaves and ovens. And you can
typically 3B either to the oven or
usually to the microwave I would say. And you don't even get
to microwave oven combination. So it is one of those kind of weird
statistical sub-headings that may not get used that much
based on how you actually classify.It's
there, it is specifically named in the
product, but basically the way you classify things it may not end up there.But
yeah, generally if it's a microwave oven, again microwave ovens are
specific [can't understand] done by capacity internally.Okay,
9603. Again just part of the heading.
Dealing with the toothbrushes, shaving brushes, hairbrushes, cosmetic
artist brushes and things like that. A
question that was brought up in one of my previous
panels on this, and I thought it was a great question.
It kind of stumped me. It was essentially, is an eyelash brush a hairbrush.
Eyelashes are hair. Eyelashes and
eyebrows our hair. So the trick to that was one not, yes, it's a hairbrush. I was wrong, it happens. If you look at the specific language, hairbrushes, comma, and for me usually it is a semicolon, eyelashes and eyelash brushes, so bingo
it makes a distinction between hairbrush and eyelash brush. So and eyelash brush is not a hairbrush.I
don't think many people use basting brushes on their hair
or on there person. So they would not
be classified under hair under 21.And
then going to the next, this is where you would find the basting brushes.
9050 is I think where most of the basic
rushes go when used primarily on food.For
hair dye it would depend on
construction. But I would say generally
they would be similar to large brushes,
similar brushes for the application of cosmetics. That would be my guess, I would have to do more research on that you know definitively
to see if brushes for hair dye. So it
would either be there in 9603.30 or down at the bottom, I would have to research that more.I
can't say for certain on that.Chapter
note 4, excludes articles of precious
metals, pearls, some of precious stones,
unless a minor constituent. A matter constituent is like a little monogram.
So if you have as an example a stainless steel, it is nice and silver but it is stainless, a comb. And to make it fancy you have a monogram
in goldleaf. That would be a minor constituent.What
the group concludes, toothbrushes, shaving brushes, brushes for toilet use,
and again this is the England English
and so toilet is a bathroom for personal
care. Bathroom personal care, not like
the actual commode.Brushes
rubber or plastic for toilet use or
cloves or household use, brooms, brushes, things like that,
and brushes for grooming animals.We
love our sets, we love our combination products.
This is a nice fancy cosmetic case with
a mirror that lights up. And it comes
with five brushes, makeup brushes. So
what are your guys' thoughts? Is this a
case, makeup brushes?Since
I am talking about brushes maybe that is a giveaway.
The case I believe would be [can't
understand] and I worked on a similar type of product. There is a ruling
and we discussed this. The mirrored case actually held a higher value than the brushes.
But you can't discount the utility that the brushes possess. So that is one of the things, its value, weight, other things that people look for as a central character aren't always the ultimate defining
item you have to look at. Generally you have to look at how is it used.I
would say the case can be reused. I
don't recall in this case if the brushes were specifically fitted
to the case, but I believe they were.
So you could not just slide any brush in there. If it was reusable then you have -- again you have to look at it.In
this specific instance, each case is unique. The brushes were fit into the case.
You could not discount that the brushes
were also important in merited equal consideration.
So 9603.30.6000.There
you go, you've got the answer, it is 3C.
So you are right.Okay,
this was in my previous webinar but in
case you were not paying attention, what about electric toothbrushes?
If you remember back, toothbrushes are specifically provided for in the heading 9603.
It says toothbrushes right there. What about toothbrushes and what about replacement heads?In
this the chapter notes are not as specific.Let
me go back. I think it is actually in
the heading language where it mentions
not motorized. Not motorized. So there
is a distinction made in the language of
the heading itself. So you throw a
motor on it, no. So the toothbrush
itself, even if it comes with the heads
and the body, because of the motor it would be classified elsewhere.
I think it is 8509 is somebody
suggested.But
the replacement heads, it is the basically a toothbrush even though you would have trouble using them on their own.
If you just import the heads themselves, they are the brushes.Okay,
we've got this nice lint roller for use.
Is it for use on the person? So what
you classified under 9603.20 something
as for use on a person?Any
thoughts?It's
a little bit of a trick. If you read
the heading language, other, toilet
brushes for use on the person. So it is toothbrushes, shaving brushes, hairbrushes, approaches, eyelash brushes, and other types of grooming star brushes for use on a person. Not any brush used on a person. So yes it probably still goes to 9603,
just not 21 or 29.Why
would it be considered a part. Good
question that I would have to research more.
I am not sure if 8509 is handled by NIS
Mike Chin. I don't recall if it has a
parts provision and if there is not a parts provision that could be why. Some of those settings don't have a parts provision. If it does
it could be that I toothbrushes more specifically provided for than a
part. Because you are right, you can't
really use them together, you do have to
look at for classification what is most
specific. And it is a toothbrush.But
again that is one of those general
questions and I would have to research
more to give a definitive answer.That
is why we always -- binding ruling,
binding ruling, binding ruling, because everything is unique and
it's an interesting place.Another
example from the last webinar. Is this a mop?
Months are covered under heading 9603,
so is this a product under 9603?Okay,
thanks for the clarification, it does cover parts but I'm going to guess
if you have part versus toothbrush,
toothbrush is more specific.Now,
if you had one of the components with a handle, that would probably be a part.Moving
on from toothbrushes, is this a mop?Same
as the toothbrushes. I didn't know
everyone was going to get so excited about electric toothbrushes. But yes,
the wet jet, we've got the ruling right here. Because of that motor
it covers electric motor Inc. so it does
not meet the terms of heading 9603. So
there we go.Yes,
it can be used without the motor, but it contains one.
So it is that whole -- it has that functionality there,
and I don't want to say fugitive use, but if it is there most people would probably take advantage of it.Moving
on to the last heading, almost there.
It went by quick. We've got combs,
hair slides, and I believe this was in the first presentation I did. Combs, hair slides and the like, curling pins, curling groups, hair slides. Again that is in England English term that more or less refers to a barrette, like a hair clip type of thing. But for what I am going to focus on, similar to the artificial foliage.
It breaks out into plastics and other
materials.And
another question, would it be the same thing as a
swiffer. With some of the swiffer it's
a stick and that is more or less a mop
and there is no motor on it. So does it have a difference between a stick
with a mop pad on it and a stick with a
motor and a sprayer and other features.
There is a distinction there.So
we have kind of a breakout between plastics and other materials and within that
you have a breakout of Combs and hair slides.
And then the combs are done by value.
It includes all kinds of again toilet Combs,
grooming for animals, so general grooming. Dress Combs,
it says personal adornment, that is what
you would wear so sticking it into your
hair. It is essentially like a barrette but we include
the [can't understand] shaped headbands,
hairpins and curling pins and that is
later in the chapter.Okay,
in case you guys don't know and I
mentioned it because it is something that is unusual
because it is a unit of quantity and
also in some of the duty calculations it
is per gross which is by gross. So it
is essentially 144 items, a dozen dozen.
So if you were looking at further classification, $4.50 per gross and it equals a little over
three cents per each. So I would say
most of the time you are well above three cents each, so usually under $4.50 per gross but you don't see that very often.Textile
hair accessories. You have two types
that are excluded, you have the flat
textile headbands which are all textile,
there is nothing else. It is just a loop of textile.
Those are generally handled by NIS
Hayward. Then you have the ponytail holders which a fabric with some type of elastic type material on the interior. Those are generally handled by NIS Dodge.
Again that issue is kind of up before headquarters
on the interior material and where it could go.So
just be aware. But in general, if we
are talking textiles and primary
textiles, it is excluded from 8615.A
hair comb that contains precious stones.
It depends on if it is a hair comb that
is a dress comb that you put in your hair. If you put it in your hair
to wear it it most likely would be
considered a type of jewelry which is I
think 71 or something. And if it is a comb with precious gems
or metals and it is for combing, then it
would be based on the constituent material.So
we've got that. If you have a solid
gold comb with diamonds on it and you
use it to comb your hair, then it would probably
be classified as an article of a comb
for that question.We've
got this big pink flower with a headband.
I think you guys have all had it, it
would have had a witch's hat on it.
Decorative items and they could be considered costumes with a headband, it's before headquarters and it looks like it will be resolved fairly soon on whether it is festive.
Or because of the headband it becomes utilitarian and thus would be excluded from chapter 95 and go to the headband.But
if we are saying a cute little hat that is not a
witch's hat and it could possibly be
festive, than a stays with 9615.In
this case because you have the headband
which is an item that is holding hair
and you have a follow attached to it, you guys are correct, 9615.But
if the headband is plastic and the
flower is we will say polyester fabric
like most of the flowers, then it would go to other material because even though
the headband gets up in under 9615, you
have to break it down for components for
the 3B determination and you would end
up using other materials for that.It's
similar if it was on a little metal clip.We've
got this mane and tail comb. We will
see the teeth are metal and the handle is plastic.
Where would we put this one?We
said combs are broken out into plastics
and other materials.For
that we will say it is well over $4.50
per gross.I
see some plastic and some metal. With a
lot of these you would look, similar to
some of the other stuff we handle, the working surface.
The comb, the teeth itself are metal in
this example. I could be plastic but we
will say they are metal. Because the teeth are metal
the comb is a metal comb and you would
go to 9615.19, and we said it was well
over so 19.4000 in this example.I
think this was already asked, what if you put some flowers on a mental hair clip. Since we're getting close on time,
we will say again these are fabric
because that is what you are really seeing.
Even though the hair clip is what --
the hair clip gets 9615, but then you are buying it for the flowers.
So generally in looking at the
precedent for the hairclips under 9615,
it generally is what is the decorative on it. Not all of the time but generally the decorative item on the hair clip
is what imparts the central character
and would ultimately provide the classification.As
I said, you are right, the hairclips why you buy it. So at the heading level,
GRI 1, bingo, 9615. No doubt about that. But then you get to 6 to classified on the sub-heading level
and you have to go down from there.The
last item. We will say metal hair comb.
I think the image -- in this image it
was actually preserved flowers, but we will say they are artificial.We've
got the thing to show it to you. Again
like we were discussing in the chat box, we got a dress comb.
Specifically provided for under 9615 and we don't have to look elsewhere, we are there. But then like what are you really buying it for, what will be visible when
worn. What sets this apart from other
items. In this case it is the flowers.
If it's hard rubber or plastic, which none of this is, then you go to other and most likely valued over the $4.50 per gross,
so 19.4000, same as the horse comb.A
question. A wreath, if it is a written
set of flowers or -- okay, 9602 is only
for artificial flowers. Fruits,
foliage, so if you don't have any
artificial flowers, foliage, fruits, if
it is just ribbons or little Christmas balls or something like that,
then know. But since we are starting to
veer into festive territory, I do not handle that
and I know it is very touchy. There is
a lot of court cases on festive materials. I would prefer not to touch on that or speak on that.If
you have a wreath or any product that is
maybe festive and it contains flowers, because some of the foliage
can be considered festive, we ask that
you send in for a binding ruling. That
is the best way for us to make a call on whether something is festive or not, go ahead and send it our way. As I said I don't handle that so I am not really suited
to make that call.And
with that we go to questions. I have a
question and 6702, if there are two multiplistic absolute together to form an item, for example a pumpkin, with that go to
item 6702.Generally
I would say yes because you have two
parts that are glued together to form a whole
assembled from various pieces. Generally like with the pumpkins,
we talked about the body and the stem. If you were gluing those together and it gets the 6702 treatment,
if you had, if the stem is on one half,
and I have the top half with the stem already on it and the bottom math and you glue them together to form a solid pumpkin,
then I wouldn't see one at 6702.I
guess you just have to be careful of is
it meant for some other purpose like holding things. Is there a hinge on it or something like that.I'm
not sure on that, let's go back to 36.
Hold on a second, go to slide 36.36.
Is this the -- yes, the webinar will be
posted online. So is this the slide
four who wanted 36?This
is essentially per chapter note 1,
electrically warmed blankets, that is
the ruling we spoke on about electric
blankets.So
the question, what if it is not a festive headband but somewhat costume like. That is the exact issue before headquarters,
is the cat ear, dog ear, I was thinking
antlers but those kind of items, is it an instant costume or a headband and headquarters is looking at that.
So I can't really speak on whether it would go there. That was essentially is it a headband or an instant costume/festive.Costumes
are classified as garments.There
was a ruling on flat irons. Let me go
back to flat iron. There is the ruling on flat irons
for who wanted that.We
will see if we have any other questions.
I think I saw -- a ruling for festive
headbands, classified for [can't
understand] durability of the product.
Once that decision goes out, and it
will most likely be in the customs notice because I believe
there will be some rulings that have to
be revoked if it's not already in the customs notice, but I believe there will be some rulings that have to be revoked concerning the headbands
and items on there.So
festive is trouble, agreed, and I don't even handle it.As
I said it is case-by-case on items.Okay,
let's see if we have any other last
questions before we go back to the last
slide. It has my email on there
again.And
do we go. Hopefully that was beneficial
and gave a refresh on these four
headings. And when we see the rulings
come in on these, especially on the
foliage, we will get all of the information
on classification and some of the details. The more information the better.Thank
you guys. My job is to teach and provide guidance and I enjoy it as well, and I appreciate you guys all tuning in. And hopefully you guys learned something.Okay.
So thank you, and Chrissi if you want to go ahead and close us out.>>
KRISTOPHER BURTON: Goodbye everyone.