WEBVTT 00:00:03.000 --> 00:00:04.567 >> CHRISSI GUTH: Good afternoon, I am Chrissi Guth with 00:00:04.567 --> 00:00:07.279 CBP's office of tribulations. Today's 00:00:07.279 --> 00:00:11.579 webinar is on a recap of fake flowers, 00:00:11.579 --> 00:00:13.966 heating appliances, rushes, and 00:00:13.966 --> 00:00:17.687 headbands.This 00:00:17.687 --> 00:00:28.298 webinar is part of the and CES-D's 2023 00:00:28.298 --> 00:00:31.820 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 00:00:31.820 --> 00:00:34.459 you plan to request the optional CCS or 00:00:34.459 --> 00:00:49.041 CES credits through the NCB institute 00:00:49.041 --> 00:00:49.043 please check the chat box for the institution code. It will be provided several times throughout the webinar.Now 00:00:49.043 --> 00:00:50.552 I would like to pass it over to national import specialist 00:00:50.552 --> 00:00:52.159 Kristopher Burton.>> 00:00:52.159 --> 00:00:56.562 KRISTOPHER BURTON: Hello everyone, it's 00:00:56.562 --> 00:01:05.865 Kris Burton. If you don't know me I 00:01:05.865 --> 00:01:10.066 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. 00:01:10.066 --> 00:01:14.997 I imagine a good chunk of you already know me or have seen some of my rulings, 00:01:14.997 --> 00:01:16.973 but I handle a whole bunch of assorted miscellaneous things. 00:01:16.973 --> 00:01:31.513 I have candles, 34^, miscellaneous or 00:01:31.513 --> 00:01:38.316 other articles of classic and 3926. I have all of chapters 6 and 7, 00:01:38.316 --> 00:01:42.012 the latter half of chapter 82, and I have 8516 for heating appliances. 00:01:42.012 --> 00:01:45.390 Then I have a sprinkling of headings in chapter 96, 00:01:45.390 --> 00:01:52.390 9601, 2, 3, 15, I think 13 and 14. So a 00:01:52.390 --> 00:01:54.179 little bit of here and there.Today's 00:01:54.179 --> 00:01:57.794 presentation if you can't tell from the 00:01:57.794 --> 00:02:00.171 title is going to be an overview of my 00:02:00.171 --> 00:02:05.228 past webinars. These are my kind of top 00:02:05.228 --> 00:02:10.795 items that I see on a day-to-day basis. 00:02:10.795 --> 00:02:12.387 Some of these presentations are a few years old, so I thought I would go ahead 00:02:12.387 --> 00:02:17.399 and give a refresh on these topics. So 00:02:17.399 --> 00:02:33.149 we will go ahead and get started.We've 00:02:33.149 --> 00:02:33.151 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 00:02:33.151 --> 00:02:36.064 office of trade statement the office of 00:02:36.064 --> 00:02:42.280 trade facilitate legitimate trade, 00:02:42.280 --> 00:02:43.937 enforces you was lost, and protects American businesses.Time 00:02:43.937 --> 00:02:47.404 for disclaimers. A lot of words. 00:02:47.404 --> 00:02:50.358 Essentially this one says that what I 00:02:50.358 --> 00:02:57.966 say, you know, take as general guidance. 00:02:57.966 --> 00:03:03.580 [can't understand] speak, hopefully not, but 00:03:03.580 --> 00:03:07.419 if you need specifics talk to a private sector experts such as a licensed 00:03:07.419 --> 00:03:10.559 broker or attorney or consultant, or we always recommend 00:03:10.559 --> 00:03:15.640 filing for a binding ruling.But 00:03:15.640 --> 00:03:17.579 I guess in the last sentence, reliance on what I say today would not be considered 00:03:17.579 --> 00:03:20.772 [can't understand]Another 00:03:20.772 --> 00:03:25.246 disclaimer on the visuals. All of the 00:03:25.246 --> 00:03:26.342 images I have are stock photos taken from 00:03:26.342 --> 00:03:33.996 Google. We do not endorse, support any 00:03:33.996 --> 00:03:36.140 of the products shown. I have just taken them as general examples 00:03:36.140 --> 00:03:39.997 of what I am talking about. And I don't 00:03:39.997 --> 00:03:43.763 believe any of them are specific -- some 00:03:43.763 --> 00:03:45.989 of them might be but most of them are just general images 00:03:45.989 --> 00:03:48.769 to illustrate a point.Last 00:03:48.769 --> 00:03:56.118 but not least, if you guys have been 00:03:56.118 --> 00:03:58.949 doing this for more than a couple of minutes you know that classification is complicated. 00:03:58.949 --> 00:04:12.119 Each item is unique and distinct. So 00:04:12.119 --> 00:04:18.762 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. 00:04:18.762 --> 00:04:21.019 Now we can go ahead and get started. 00:04:21.019 --> 00:04:23.989 When I was coming up with the idea, 00:04:23.989 --> 00:04:27.558 greatest hits came to me. This is my 00:04:27.558 --> 00:04:34.044 greatest hits from past webinars. If 00:04:34.044 --> 00:04:36.417 you have seen all of the past webinars, this may be pretty much a refresh and you have already seen it. 00:04:36.417 --> 00:04:41.591 But hopefully there was a little bit new in there 00:04:41.591 --> 00:04:44.401 to make it still interesting. So with that we will go ahead and get started with the first item.Heading 00:04:44.401 --> 00:04:48.396 6702 which is where the fake flowers, 00:04:48.396 --> 00:04:51.381 even though it also includes foliage and 00:04:51.381 --> 00:04:55.612 fruits. It is broken up into two parts 00:04:55.612 --> 00:04:57.142 and within that two you have these 00:04:57.142 --> 00:05:07.039 articles of plastic and other material. 00:05:07.039 --> 00:05:10.150 And of the plastics, it specifies how it is made. So if it is plastic 00:05:10.150 --> 00:05:20.901 in the first part it is binded or glued, 00:05:20.901 --> 00:05:28.890 and then other would be fitted together. It gives you choices so it is a process of elimination. Others is fitted together.The 00:05:28.890 --> 00:05:31.340 other materials doesn't really care, it's either feathers or not, and then man-made fibers. Me that as polyester 00:05:31.340 --> 00:05:36.987 fiber and then all of the other assorted 00:05:36.987 --> 00:05:36.989 material.Per 00:05:36.989 --> 00:05:50.597 note 1, it does not contain or does not 00:05:50.597 --> 00:06:05.621 cover straining cloth, floral motifs, footwear, headgear, tors, sports equipment, carnival equipment, feather dusters, powder puffs or hair sieves. 00:06:05.621 --> 00:06:05.623 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 00:06:05.623 --> 00:06:09.779 usually says yay or nay and if it is name then we don't take it.It 00:06:09.779 --> 00:06:13.957 also doesn't cover articles of glass. 00:06:13.957 --> 00:06:19.232 And those items of pottery, stone, 00:06:19.232 --> 00:06:48.958 metal, wood, or other materials obtained 00:06:48.958 --> 00:06:48.960 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 00:06:48.960 --> 00:06:55.033 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 00:06:55.033 --> 00:07:03.257 was something I had in the previous webinar that I thought would be useful to everyone. 00:07:03.257 --> 00:07:09.000 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? 00:07:09.000 --> 00:07:10.345 That would be a question for fish and wildlife. If it is real feathers I would say yes, 00:07:10.345 --> 00:07:14.781 when we write rulings and there is 00:07:14.781 --> 00:07:16.354 anything made of animal, sometimes even 00:07:16.354 --> 00:07:19.582 with certain plants we just go ahead and 00:07:19.582 --> 00:07:21.987 put language in there and check with 00:07:21.987 --> 00:07:26.355 fish and wildlife because they could be 00:07:26.355 --> 00:07:30.781 protected, it could be not. A while 00:07:30.781 --> 00:07:39.790 back there was a story of fake fur that 00:07:39.790 --> 00:07:40.184 turned out to be I think raccoon don't. If it says turkey feather it may be 00:07:40.184 --> 00:07:45.592 hock. So just to be mindful of the 00:07:45.592 --> 00:07:48.988 feathers in the supply chain and all of that.Could 00:07:48.988 --> 00:07:50.976 it be subject? Possible. As I said 00:07:50.976 --> 00:07:55.150 usually it is common, like a goose 00:07:55.150 --> 00:08:00.612 feather or a turkey feather. They are 00:08:00.612 --> 00:08:02.391 really not as concerned with that. But sometimes it is another feather 00:08:02.391 --> 00:08:04.745 that is passed off as a more common 00:08:04.745 --> 00:08:11.171 feather.So 00:08:11.171 --> 00:08:15.400 for the construction test, it must resemble a natural product. 00:08:15.400 --> 00:08:22.764 That is where there is a little bit of a gray area. If it looks like a pumpkin 00:08:22.764 --> 00:08:24.153 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, 00:08:24.153 --> 00:08:26.360 if it is purple and glittery and you 00:08:26.360 --> 00:08:30.777 have no idea -- is an Apple, a 00:08:30.777 --> 00:08:39.017 blueberry, a pumpkin, that is when we 00:08:39.017 --> 00:08:42.770 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, 00:08:42.770 --> 00:08:42.772 then we will usually go with that.Made 00:08:42.772 --> 00:08:48.766 by various parts meaning two or more. 00:08:48.766 --> 00:08:50.184 With the pumpkin you got the body and you've got the stem, 00:08:50.184 --> 00:08:54.800 glue them together, assembled by various 00:08:54.800 --> 00:08:54.802 parts.Than 00:08:54.802 --> 00:08:57.542 the binding. Fastened together usually 00:08:57.542 --> 00:09:22.208 with wire. Florist's tape, green, 00:09:22.208 --> 00:09:26.635 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. 00:09:26.635 --> 00:09:35.688 Also the paper flowers were you have a metal 00:09:35.688 --> 00:09:48.242 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 00:09:48.242 --> 00:09:49.107 it together.This 00:09:49.107 --> 00:09:55.637 is an issue that we see fairly frequently. As I said these are just general examples. 00:09:55.637 --> 00:09:58.134 I can't say exactly where they would be classified because I don't know materials, but let's say for example 00:09:58.134 --> 00:10:02.341 on the first slide that those are all 00:10:02.341 --> 00:10:09.542 polyester fabric with a natural vine, a 00:10:09.542 --> 00:10:12.153 natural grapevine behind it.And 00:10:12.153 --> 00:10:17.969 then you have the other wreath which is 00:10:17.969 --> 00:10:22.203 probably like foam plastic pumpkins and polyester leaves, 00:10:22.203 --> 00:10:25.370 maybe a mix of plastic where the sunflowers 00:10:25.370 --> 00:10:28.321 and maybe some plastic foam beads. So 00:10:28.321 --> 00:10:31.360 this is first the audience participation 00:10:31.360 --> 00:10:37.776 part.Is 00:10:37.776 --> 00:10:43.699 grapevine considered to have bark? We will say no. 00:10:43.699 --> 00:10:53.453 It's just a vine. I guess it would embark on it, but it's just 00:10:53.453 --> 00:10:53.455 vine.So 00:10:53.455 --> 00:10:57.419 as a quick thought to both leaves the belong under heading 6702? 00:10:57.419 --> 00:11:05.759 Yes or no.Okay. 00:11:05.759 --> 00:11:12.970 And the first answer, he knows, he has asked in this a lot. 00:11:12.970 --> 00:11:16.362 So the way we look at these, and that is correct, no. 00:11:16.362 --> 00:11:19.372 The first one has visible lines and due 00:11:19.372 --> 00:11:24.596 to the vines' visual nature and 00:11:24.596 --> 00:11:27.579 underlying structure, we consider it to 00:11:27.579 --> 00:11:30.187 impart the central character. It is one 00:11:30.187 --> 00:11:37.986 of those, each gets a point. You've got 00:11:37.986 --> 00:11:43.507 a point for decorative for the vine and a point for decorative for artificial foliage, 00:11:43.507 --> 00:11:46.602 and then the vine gets structured so they get two points with the initial character review. 00:11:46.602 --> 00:11:49.356 So it goes to the plating material and 00:11:49.356 --> 00:11:55.164 not to the artificial foliage.We 00:11:55.164 --> 00:12:02.253 will go to the next one. How about this artificial succulent? 00:12:02.253 --> 00:12:04.492 Surprisingly succulents are pretty popular right now when we get quite a bit day questions on succulents. 00:12:04.492 --> 00:12:13.973 Is this heading 6702?Okay, 00:12:13.973 --> 00:12:19.968 you guys are already asking the right questions. 00:12:19.968 --> 00:12:26.594 And I think you got onto that. It depends. 00:12:26.594 --> 00:12:28.548 The succulents, I have seen them both ways. If you submit a binding ruling to us we will ask 00:12:28.548 --> 00:12:31.324 that you provide images of this and in 00:12:31.324 --> 00:12:33.135 detail how these are assembled. Usually 00:12:33.135 --> 00:12:41.404 if I get a ruling for something in 6702 00:12:41.404 --> 00:12:43.744 and it just says I've got something, you will probably get questions from me or a reject 00:12:43.744 --> 00:12:48.994 because I need to know how these are assembled 00:12:48.994 --> 00:12:48.996 because they have to meet the construction requirements.Most 00:12:48.996 --> 00:12:56.279 of the time I can guess but I always 00:12:56.279 --> 00:12:59.135 like to confirm. If it is molded in one piece as some of you has already pointed out it would fail the construction. 00:12:59.135 --> 00:13:00.124 If it is made of plastic it goes to 3926 00:13:00.124 --> 00:13:05.032 under other ornamental articles which I 00:13:05.032 --> 00:13:13.028 also handle. So I get it either way.But 00:13:13.028 --> 00:13:18.594 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, 00:13:18.594 --> 00:13:21.727 they all go to heading 6702. I guess pumpkins are very popular 00:13:21.727 --> 00:13:24.932 because we get a lot of pumpkins. So 00:13:24.932 --> 00:13:28.305 take a guess on this one, it should be 00:13:28.305 --> 00:13:31.969 pretty easy. Do all pumpkins go to 00:13:31.969 --> 00:13:38.340 heading 6702? If you guys ever have 00:13:38.340 --> 00:13:43.370 festive, some do go to festive, but in this case once again 00:13:43.370 --> 00:13:54.203 it depends. Does the pumpkin meet the construction requirement? 00:13:54.203 --> 00:14:00.369 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. 00:14:00.369 --> 00:14:02.775 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, 00:14:02.775 --> 00:14:09.338 so that it could go elsewhere.Okay, 00:14:09.338 --> 00:14:17.015 so this is just a general example. We 00:14:17.015 --> 00:14:19.592 just have a picture. How do you classify this, what is it made of, what is the construction? 00:14:19.592 --> 00:14:29.423 Let's say for example this wreath does 00:14:29.423 --> 00:14:30.896 meet requirements for heading 6702. It is glued and will say the community is all plastic and molded 00:14:30.896 --> 00:14:32.743 and all of the flowers are polyester 00:14:32.743 --> 00:14:37.506 fabric. Any guesses on whether it goes 00:14:37.506 --> 00:14:44.101 to 6702 or two 6710 with plastic or 6790 00:14:44.101 --> 00:14:53.539 as possibly man-made fibers?Okay, 00:14:53.539 --> 00:14:58.226 go ahead and as I said I don't know all 00:14:58.226 --> 00:15:04.797 the details, this is just my best guess 00:15:04.797 --> 00:15:07.915 using my imagination on this. I would probably go with 6702.90, 3500. 00:15:07.915 --> 00:15:14.959 Actually GRI 3B because this is 00:15:14.959 --> 00:15:20.759 flowers, it is probably marketed and sold as a spring wreath. 00:15:20.759 --> 00:15:22.961 It is bright red and yellow and orange that draws your attention in. 00:15:22.961 --> 00:15:26.764 But I guess it also could fall to 3C so 00:15:26.764 --> 00:15:31.582 you win either way with 93 500, but it's 00:15:31.582 --> 00:15:37.558 an example of what you look for.With 00:15:37.558 --> 00:15:42.991 a central character it's like weight and value, if it is decorative, 00:15:42.991 --> 00:15:51.526 and you don't have that kind of utilitarian functionality. Sometimes you look at visual appeal 00:15:51.526 --> 00:15:55.572 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. 00:15:55.572 --> 00:15:57.951 That is the reason why they are buying it in this case and I would say it is 00:15:57.951 --> 00:16:00.335 the flowers, so that would be what would 00:16:00.335 --> 00:16:03.979 provide the central character.If 00:16:03.979 --> 00:16:09.154 you also have the flowers have the most of the value in most of the weight 00:16:09.154 --> 00:16:10.913 which is probably also the case but as I said I don't know, than that also helps further 00:16:10.913 --> 00:16:13.351 the argument that they impart the 00:16:13.351 --> 00:16:19.934 central character.So 00:16:19.934 --> 00:16:22.349 that is a good question, on whether if 00:16:22.349 --> 00:16:25.553 the succulent is molded in one piece and 00:16:25.553 --> 00:16:27.928 glued to the pot doesn't count. My 00:16:27.928 --> 00:16:33.726 opinion is no because it's not really 00:16:33.726 --> 00:16:38.383 the article -- it is not the article of 00:16:38.383 --> 00:16:40.740 heading 6702 which is being assembled 00:16:40.740 --> 00:16:49.094 through one of those methods. While it 00:16:49.094 --> 00:17:24.890 is the total article, the pot holds a 00:17:24.890 --> 00:17:24.892 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 00:17:24.892 --> 00:17:32.165 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 00:17:32.165 --> 00:17:56.367 love pumpkins and it almost looks real and if it's real 00:17:56.367 --> 00:17:57.344 it goes elsewhere, but in this case you 00:17:57.344 --> 00:17:57.346 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 00:17:57.346 --> 00:18:03.366 or glued. Usually we go with when you 00:18:03.366 --> 00:18:04.322 and the glue because that is what is really holding it in there. 00:18:04.322 --> 00:18:09.364 So 10 2000, and like I said this is 00:18:09.364 --> 00:18:18.654 just an example. I don't really know 00:18:18.654 --> 00:18:24.166 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 00:18:24.166 --> 00:18:27.148 and how to classify these things. You just have to take these components and look at how they are 00:18:27.148 --> 00:18:30.439 made and what they are made out of and how they are assembled 00:18:30.439 --> 00:18:32.067 and what makes them look like in this 00:18:32.067 --> 00:18:38.987 case a pumpkin.Yes, 00:18:38.987 --> 00:18:44.321 it's plastic. It is predominantly plastic and you would not look elsewhere.Yes, 00:18:44.321 --> 00:18:46.353 exactly. Those are the type of little things that get 00:18:46.353 --> 00:18:51.712 glued to wreaths.Nice 00:18:51.712 --> 00:18:58.136 and quick, now we are on to heading 00:18:58.136 --> 00:18:59.317 8516. I just a part of the chapter and not the whole chapter. 00:18:59.317 --> 00:19:04.548 We had all [can't understand] so I just 00:19:04.548 --> 00:19:06.708 of the flowers. In this case I am looking at more of the domestic 00:19:06.708 --> 00:19:10.946 household type electro thermal 00:19:10.946 --> 00:19:13.725 compliances and where the question comes 00:19:13.725 --> 00:19:29.939 up, electro Thermo does mean a change in 00:19:29.939 --> 00:19:39.934 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. 00:19:39.934 --> 00:19:39.936 Refrigeration goes in chapter 84.As 00:19:39.936 --> 00:19:44.944 a brick at we have the hairdressing and her drying apparatus, electric flat irons, microwave ovens. 00:19:44.944 --> 00:19:47.520 The ovens, ranges, cooking plates, 00:19:47.520 --> 00:19:51.152 rings, and just in case you guys don't 00:19:51.152 --> 00:19:54.332 know, and often is a little box that 00:19:54.332 --> 00:19:58.145 cooks. The stove is the part that has 00:19:58.145 --> 00:20:07.946 burners and the little metal rings or 00:20:07.946 --> 00:20:11.747 some type of oil or something that heats up. And the range is a combination of the stove and oven.And 00:20:11.747 --> 00:20:16.162 then other. And then you have the other 00:20:16.162 --> 00:20:19.950 electro Thermo compliances like 00:20:19.950 --> 00:20:23.526 coffeemakers, toasters, and other 00:20:23.526 --> 00:20:30.429 electro Thermo components.So 00:20:30.429 --> 00:20:33.467 it does not cover electrically warm to blankets, bed pads, foot muffs 00:20:33.467 --> 00:20:36.381 or things that you wear and it also 00:20:36.381 --> 00:20:40.116 excludes seated furniture. And another 00:20:40.116 --> 00:20:48.383 section about toasters, it states the 00:20:48.383 --> 00:20:52.098 term toaster includes toaster ovens which are designed essentially for toasting bread but can also make small items such as potatoes.And 00:20:52.098 --> 00:20:55.726 we've got again a breakout of the 00:20:55.726 --> 00:21:01.115 electro thermic hairdressing apparatus 00:21:01.115 --> 00:21:05.386 and hand dryers. Hairdryers, Isaac ones 00:21:05.386 --> 00:21:06.926 that some of you might have used this morning. Hair curlers, 00:21:06.926 --> 00:21:14.131 curling Tong heaters and hand 00:21:14.131 --> 00:21:14.133 dryers.Electrics 00:21:14.133 --> 00:21:19.336 moving irons, you might've used 00:21:19.336 --> 00:21:20.914 something like this this morning to press your clothes.Then 00:21:20.914 --> 00:21:23.100 you have the other which includes 00:21:23.100 --> 00:21:33.572 everything else. So microwaves are 00:21:33.572 --> 00:21:34.918 specifically provided for under this umbrella, and then you have the ovens, cookers, things like that, coffeemakers, again 00:21:34.918 --> 00:21:42.300 toasters and you have the capsules, 00:21:42.300 --> 00:21:46.317 crêpe makers, waffle irons. A lot of the stuff 00:21:46.317 --> 00:21:51.379 is for making food but it doesn't have to be for food. 00:21:51.379 --> 00:21:54.958 Like popcorn, then you have a face dryer, facial sauna, 00:21:54.958 --> 00:21:57.946 heated towel rail, bed warmers.And 00:21:57.946 --> 00:22:04.116 you will notice, going back, bed pad. 00:22:04.116 --> 00:22:06.697 That is more of like a fabric type 00:22:06.697 --> 00:22:09.333 blanket that would go over the bed and 00:22:09.333 --> 00:22:11.887 could be heated.Whereas 00:22:11.887 --> 00:22:18.545 in this case a bed warmer is more like a 00:22:18.545 --> 00:22:23.570 blower, a heated blower that blows hot air 00:22:23.570 --> 00:22:25.545 in between the mattress and the comforter. That would be a bed warmer.It 00:22:25.545 --> 00:22:29.584 excludes again electrically warm 00:22:29.584 --> 00:22:32.149 blankets, bed pads, things that you wear. 00:22:32.149 --> 00:22:33.692 Roller type ironing machine, the bigger 00:22:33.692 --> 00:22:36.758 one. I will just say the commercial 00:22:36.758 --> 00:22:43.940 grade thermoelectric compliances that 00:22:43.940 --> 00:22:53.194 aren't usually found in a household, industrial microwaves, 00:22:53.194 --> 00:23:00.589 furniture, cigarette lighters, domestic versus commercial and I will get to that as well as a second, that is the sticky .485 16.We 00:23:00.589 --> 00:23:08.605 will start with our first 8516 audience participation. We got a flat iron and a couple of headings. 00:23:08.605 --> 00:23:21.897 You see laying it right out there, electric flat irons, travel type, and other. Is that where this one goes?Okay, 00:23:21.897 --> 00:23:28.634 some people know and some people are 00:23:28.634 --> 00:23:29.496 tricked. As I said the tariff, if you have done this for more than a couple of minutes, 00:23:29.496 --> 00:23:36.955 it's tricky because as I said it sounds 00:23:36.955 --> 00:23:37.879 like your flat iron. This is an electric flat iron, no doubt. 00:23:37.879 --> 00:24:35.010 But per this headquarters ruling, the 00:24:35.010 --> 00:24:35.012 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 00:24:35.012 --> 00:24:39.892 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 00:24:39.892 --> 00:24:44.317 is a hot topic, pun intended as well. I 00:24:44.317 --> 00:24:47.902 have a coffee maker. Any reason it should not go under sub-heading 00:24:47.902 --> 00:24:57.305 8516.71 with coffeemakers?The 00:24:57.305 --> 00:24:59.945 first person to chime in, is it household 00:24:59.945 --> 00:25:09.193 or commercial. Bingo, gold star. That 00:25:09.193 --> 00:25:12.744 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 00:25:12.744 --> 00:25:19.028 brand and we have to look at how was it 00:25:19.028 --> 00:25:28.211 used. The Cumberland them factors come into play with this.There 00:25:28.211 --> 00:25:29.149 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 00:25:29.149 --> 00:25:32.346 interchangeably. The item I'm thinking 00:25:32.346 --> 00:25:34.103 about our water dispensers they can be 00:25:34.103 --> 00:25:40.999 used in the office and at home and that 00:25:40.999 --> 00:25:46.621 matter is currently before headquarters, we got referred up. 00:25:46.621 --> 00:25:53.519 They did issue a really not long ago that when you have the heating and cooling component 00:25:53.519 --> 00:26:11.315 cooling is 84 and heating is 85, less 00:26:11.315 --> 00:26:11.317 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 00:26:11.317 --> 00:26:16.167 that is the question before headquarters on water dispensers because sometimes it is hard to tell. 00:26:16.167 --> 00:26:22.726 Sometimes it's easy based on the warranty and expected 00:26:22.726 --> 00:26:24.118 length of life and the prices a big tell but sometimes not. Sometimes domestic is more or less the same as commercial.So 00:26:24.118 --> 00:26:28.728 it depends. Again it depends on whether 00:26:28.728 --> 00:26:40.393 it is domestic or commercial use.Okay. 00:26:40.393 --> 00:26:52.679 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? 00:26:52.679 --> 00:26:58.707 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, 00:26:58.707 --> 00:27:00.489 it looks like you guys are getting it right. 00:27:00.489 --> 00:27:03.775 Oven is the correct answer. I went 00:27:03.775 --> 00:27:07.947 with something more extreme do not make 00:27:07.947 --> 00:27:10.112 it too complicated or confusing. If you 00:27:10.112 --> 00:27:13.939 are throwing French doors and it has two 00:27:13.939 --> 00:27:17.910 racks, it is not suitable for just a 00:27:17.910 --> 00:27:22.917 couple of slices of bread or a potato.And 00:27:22.917 --> 00:27:27.914 I don't want to say this is a bright line test, 00:27:27.914 --> 00:27:30.114 but it has come up in several different rulings as noted at the bottom. 00:27:30.114 --> 00:27:33.158 It's the pizza test. As I said it is 00:27:33.158 --> 00:27:35.956 very unofficial and don't take this as 00:27:35.956 --> 00:27:39.519 anything official guidance or whatever, 00:27:39.519 --> 00:27:42.101 but from those three rulings this is about 00:27:42.101 --> 00:27:45.103 where it starts to get big enough that 00:27:45.103 --> 00:27:45.879 it is no longer a toaster but it becomes 00:27:45.879 --> 00:27:58.801 an oven.So 00:27:58.801 --> 00:28:02.722 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, 00:28:02.722 --> 00:28:04.519 but we are pretty much just talking two slices of bread. 00:28:04.519 --> 00:28:10.008 So that would be maybe two or three 00:28:10.008 --> 00:28:11.524 potatoes depending on if you get one of those restaurant potatoes it's one. 00:28:11.524 --> 00:28:13.724 But outside of that we are talking 00:28:13.724 --> 00:28:15.517 something pretty small. It is kind of a 00:28:15.517 --> 00:28:19.944 single use appliance.When 00:28:19.944 --> 00:28:25.295 you start saying it can broil and air 00:28:25.295 --> 00:28:27.191 fry and sauté and whatever, you are 00:28:27.191 --> 00:28:34.337 losing it and you are going into oven. 00:28:34.337 --> 00:28:38.781 And since I mentioned it, it does not appear that 00:28:38.781 --> 00:28:47.293 the air fry debate is quite settled yet. 00:28:47.293 --> 00:28:49.081 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, 00:28:49.081 --> 00:28:51.885 at least at this time. Mainly because I 00:28:51.885 --> 00:29:01.223 think that is where the exemption has 00:29:01.223 --> 00:29:05.212 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 00:29:05.212 --> 00:29:07.907 one of those cattle looking things with a little basket.So, 00:29:07.907 --> 00:29:12.525 another issue before headquarters. So 00:29:12.525 --> 00:29:19.314 air fryers are still hanging out.This 00:29:19.314 --> 00:29:22.899 should be an easy one if you guys have been paying attention. 00:29:22.899 --> 00:29:27.101 We have a domestic and electro-thermic 00:29:27.101 --> 00:29:30.938 article here. Are we 8516.79 or not as 00:29:30.938 --> 00:29:49.566 other electro-thermic appliances?Yay! 00:29:49.566 --> 00:29:56.126 Making sure everyone is paying attention. Always read the chapter notes, that's one of the first things that I learned 00:29:56.126 --> 00:29:59.945 in import specialist basic training, was again it can say flat iron 00:29:59.945 --> 00:30:05.735 or something like that. Tariff does that a lot. 00:30:05.735 --> 00:30:18.760 But if you look to the chapter notes, usually it will explain it and tell you exactly where you need to go, 00:30:18.760 --> 00:30:18.762 and if not sometimes in the expander notes which also will put you in the direction you need to go.But 00:30:18.762 --> 00:30:20.081 you guys are right, the chapter note, the first one and the first item within that, electrically want blankets are excluded. 00:30:20.081 --> 00:30:24.062 So this would go under specifically 00:30:24.062 --> 00:30:31.765 electric blankets.Since 00:30:31.765 --> 00:30:37.749 I am covering 9615 later in this presentation, 00:30:37.749 --> 00:30:46.539 how do you tell when it goes to 8516 and when does it go to 9615 00:30:46.539 --> 00:30:54.334 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. 00:30:54.334 --> 00:30:55.686 Again, the heat source. If it has a cord on it or it is battery-powered, 00:30:55.686 --> 00:31:00.918 if you have electricity and we've got 00:31:00.918 --> 00:31:02.698 something that is electro-thermic and it goes 8516. 00:31:02.698 --> 00:31:07.945 If it is just plastic, like those 00:31:07.945 --> 00:31:12.534 rollers or bobbin type things, then it 00:31:12.534 --> 00:31:15.671 goes to 9650.This 00:31:15.671 --> 00:31:18.755 is the last example. Then we can move 00:31:18.755 --> 00:31:27.767 on. Had you classify a hybrid sous vide 00:31:27.767 --> 00:31:34.513 oven, this is an example we had recently 00:31:34.513 --> 00:31:37.874 that want to headquarters. It's an oven but it also cooks with water.So 00:31:37.874 --> 00:31:41.111 when we have these hybrid appliances, in 00:31:41.111 --> 00:31:44.324 just a second -- oven. Oven. Yes. It 00:31:44.324 --> 00:31:46.673 is kind of in the name, that is one of 00:31:46.673 --> 00:31:51.499 the things we look to. How is it 00:31:51.499 --> 00:31:52.896 described, how was it sold. In this 00:31:52.896 --> 00:31:58.487 case there has been previous steam ovens 00:31:58.487 --> 00:32:04.092 that were classified in the oven 00:32:04.092 --> 00:32:07.313 sub-heading. In this case we looked at 00:32:07.313 --> 00:32:08.314 how it principally cooks. You can cook it 00:32:08.314 --> 00:32:11.295 as an oven with or without the steam and 00:32:11.295 --> 00:32:16.723 that further enhances the oven's central 00:32:16.723 --> 00:32:21.337 character. So in the end we went to 00:32:21.337 --> 00:32:21.339 oven.I 00:32:21.339 --> 00:32:23.260 think the argument was whether it went to 00:32:23.260 --> 00:32:33.109 8516.79 as and other electric appliance. 00:32:33.109 --> 00:32:34.910 It is still an electric oven, so an oven. Correct, and that is essentially what headquarters decided 00:32:34.910 --> 00:32:36.656 for this one.Okay, 00:32:36.656 --> 00:32:47.866 moving on. 9603. Going over [can't 00:32:47.866 --> 00:32:51.065 understand], that would be a negative as 00:32:51.065 --> 00:32:56.888 I handle neither 7321 or 7322, so I will 00:32:56.888 --> 00:33:05.758 not be covering those today. Sorry.What 00:33:05.758 --> 00:33:13.699 about convection microwaves. I don't want to say too much on microwaves, I will go back real quick to the tariff. 00:33:13.699 --> 00:33:16.903 Back, back, back. Okay, there we go, 00:33:16.903 --> 00:33:24.531 microwaves. I believe that issue may be 00:33:24.531 --> 00:33:27.904 before the court of international trade. I know there is an issue with microwaves before the court 00:33:27.904 --> 00:33:30.467 so I don't want to speak too much on ovens. 00:33:30.467 --> 00:33:32.893 The only thing that I wanted to point out 00:33:32.893 --> 00:33:49.920 is here. If you look at 8516.60.40 60 00:33:49.920 --> 00:33:51.880 you have micro if oven combinations. And this can get tricky because you have to deal with the GRIs 00:33:51.880 --> 00:33:56.172 and you go heading to heading to 00:33:56.172 --> 00:33:59.679 sub-heading. If you look at the six digit 00:33:59.679 --> 00:34:04.655 8516.50 versus 8516.60, you have 00:34:04.655 --> 00:34:09.076 microwaves and ovens. And you can 00:34:09.076 --> 00:34:17.079 typically 3B either to the oven or 00:34:17.079 --> 00:34:21.856 usually to the microwave I would say. And you don't even get 00:34:21.856 --> 00:34:25.871 to microwave oven combination. So it is one of those kind of weird 00:34:25.871 --> 00:34:29.719 statistical sub-headings that may not get used that much 00:34:29.719 --> 00:34:29.721 based on how you actually classify.It's 00:34:29.721 --> 00:34:36.139 there, it is specifically named in the 00:34:36.139 --> 00:34:44.157 product, but basically the way you classify things it may not end up there.But 00:34:44.157 --> 00:34:47.893 yeah, generally if it's a microwave oven, again microwave ovens are 00:34:47.893 --> 00:34:59.474 specific [can't understand] done by capacity internally.Okay, 00:34:59.474 --> 00:35:11.419 9603. Again just part of the heading. 00:35:11.419 --> 00:35:12.474 Dealing with the toothbrushes, shaving brushes, hairbrushes, cosmetic 00:35:12.474 --> 00:35:17.652 artist brushes and things like that. A 00:35:17.652 --> 00:35:20.856 question that was brought up in one of my previous 00:35:20.856 --> 00:35:27.543 panels on this, and I thought it was a great question. 00:35:27.543 --> 00:35:30.874 It kind of stumped me. It was essentially, is an eyelash brush a hairbrush. 00:35:30.874 --> 00:36:01.218 Eyelashes are hair. Eyelashes and 00:36:01.218 --> 00:36:08.552 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 00:36:08.552 --> 00:36:14.953 it makes a distinction between hairbrush and eyelash brush. So and eyelash brush is not a hairbrush.I 00:36:14.953 --> 00:36:18.084 don't think many people use basting brushes on their hair 00:36:18.084 --> 00:36:20.870 or on there person. So they would not 00:36:20.870 --> 00:36:29.925 be classified under hair under 21.And 00:36:29.925 --> 00:36:37.703 then going to the next, this is where you would find the basting brushes. 00:36:37.703 --> 00:36:42.155 9050 is I think where most of the basic 00:36:42.155 --> 00:36:42.157 rushes go when used primarily on food.For 00:36:42.157 --> 00:36:44.691 hair dye it would depend on 00:36:44.691 --> 00:36:47.824 construction. But I would say generally 00:36:47.824 --> 00:36:58.643 they would be similar to large brushes, 00:36:58.643 --> 00:36:59.751 similar brushes for the application of cosmetics. That would be my guess, I would have to do more research on that you know definitively 00:36:59.751 --> 00:37:09.089 to see if brushes for hair dye. So it 00:37:09.089 --> 00:37:14.652 would either be there in 9603.30 or down at the bottom, I would have to research that more.I 00:37:14.652 --> 00:37:14.654 can't say for certain on that.Chapter 00:37:14.654 --> 00:37:19.652 note 4, excludes articles of precious 00:37:19.652 --> 00:37:29.075 metals, pearls, some of precious stones, 00:37:29.075 --> 00:37:39.767 unless a minor constituent. A matter constituent is like a little monogram. 00:37:39.767 --> 00:37:43.343 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 00:37:43.343 --> 00:37:52.532 in goldleaf. That would be a minor constituent.What 00:37:52.532 --> 00:37:53.830 the group concludes, toothbrushes, shaving brushes, brushes for toilet use, 00:37:53.830 --> 00:37:58.480 and again this is the England English 00:37:58.480 --> 00:38:03.684 and so toilet is a bathroom for personal 00:38:03.684 --> 00:38:05.674 care. Bathroom personal care, not like 00:38:05.674 --> 00:38:10.246 the actual commode.Brushes 00:38:10.246 --> 00:38:15.514 rubber or plastic for toilet use or 00:38:15.514 --> 00:38:18.282 cloves or household use, brooms, brushes, things like that, 00:38:18.282 --> 00:38:25.320 and brushes for grooming animals.We 00:38:25.320 --> 00:38:29.488 love our sets, we love our combination products. 00:38:29.488 --> 00:38:31.670 This is a nice fancy cosmetic case with 00:38:31.670 --> 00:38:34.459 a mirror that lights up. And it comes 00:38:34.459 --> 00:38:40.890 with five brushes, makeup brushes. So 00:38:40.890 --> 00:38:46.228 what are your guys' thoughts? Is this a 00:38:46.228 --> 00:38:55.548 case, makeup brushes?Since 00:38:55.548 --> 00:39:04.292 I am talking about brushes maybe that is a giveaway. 00:39:04.292 --> 00:39:08.918 The case I believe would be [can't 00:39:08.918 --> 00:39:14.652 understand] and I worked on a similar type of product. There is a ruling 00:39:14.652 --> 00:39:27.465 and we discussed this. The mirrored case actually held a higher value than the brushes. 00:39:27.465 --> 00:39:31.910 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 00:39:31.910 --> 00:39:34.254 item you have to look at. Generally you have to look at how is it used.I 00:39:34.254 --> 00:39:41.892 would say the case can be reused. I 00:39:41.892 --> 00:39:45.292 don't recall in this case if the brushes were specifically fitted 00:39:45.292 --> 00:39:58.606 to the case, but I believe they were. 00:39:58.606 --> 00:39:58.608 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 00:39:58.608 --> 00:40:00.241 this specific instance, each case is unique. The brushes were fit into the case. 00:40:00.241 --> 00:40:05.684 You could not discount that the brushes 00:40:05.684 --> 00:40:06.855 were also important in merited equal consideration. 00:40:06.855 --> 00:40:19.878 So 9603.30.6000.There 00:40:19.878 --> 00:40:22.674 you go, you've got the answer, it is 3C. 00:40:22.674 --> 00:40:29.667 So you are right.Okay, 00:40:29.667 --> 00:40:36.066 this was in my previous webinar but in 00:40:36.066 --> 00:40:42.635 case you were not paying attention, what about electric toothbrushes? 00:40:42.635 --> 00:40:47.874 If you remember back, toothbrushes are specifically provided for in the heading 9603. 00:40:47.874 --> 00:41:01.275 It says toothbrushes right there. What about toothbrushes and what about replacement heads?In 00:41:01.275 --> 00:41:19.231 this the chapter notes are not as specific.Let 00:41:19.231 --> 00:41:22.243 me go back. I think it is actually in 00:41:22.243 --> 00:41:25.618 the heading language where it mentions 00:41:25.618 --> 00:41:31.086 not motorized. Not motorized. So there 00:41:31.086 --> 00:41:33.264 is a distinction made in the language of 00:41:33.264 --> 00:41:38.434 the heading itself. So you throw a 00:41:38.434 --> 00:41:43.130 motor on it, no. So the toothbrush 00:41:43.130 --> 00:41:49.856 itself, even if it comes with the heads 00:41:49.856 --> 00:41:50.860 and the body, because of the motor it would be classified elsewhere. 00:41:50.860 --> 00:42:00.674 I think it is 8509 is somebody 00:42:00.674 --> 00:42:00.676 suggested.But 00:42:00.676 --> 00:42:05.281 the replacement heads, it is the basically a toothbrush even though you would have trouble using them on their own. 00:42:05.281 --> 00:42:09.664 If you just import the heads themselves, they are the brushes.Okay, 00:42:09.664 --> 00:42:11.719 we've got this nice lint roller for use. 00:42:11.719 --> 00:42:15.076 Is it for use on the person? So what 00:42:15.076 --> 00:42:18.879 you classified under 9603.20 something 00:42:18.879 --> 00:42:25.810 as for use on a person?Any 00:42:25.810 --> 00:42:33.043 thoughts?It's 00:42:33.043 --> 00:42:38.876 a little bit of a trick. If you read 00:42:38.876 --> 00:42:59.168 the heading language, other, toilet 00:42:59.168 --> 00:43:01.010 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, 00:43:01.010 --> 00:43:16.447 just not 21 or 29.Why 00:43:16.447 --> 00:43:21.523 would it be considered a part. Good 00:43:21.523 --> 00:43:24.150 question that I would have to research more. 00:43:24.150 --> 00:43:27.950 I am not sure if 8509 is handled by NIS 00:43:27.950 --> 00:43:42.186 Mike Chin. I don't recall if it has a 00:43:42.186 --> 00:43:47.471 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 00:43:47.471 --> 00:43:48.223 it could be that I toothbrushes more specifically provided for than a 00:43:48.223 --> 00:43:52.023 part. Because you are right, you can't 00:43:52.023 --> 00:43:54.039 really use them together, you do have to 00:43:54.039 --> 00:43:58.853 look at for classification what is most 00:43:58.853 --> 00:44:03.005 specific. And it is a toothbrush.But 00:44:03.005 --> 00:44:06.706 again that is one of those general 00:44:06.706 --> 00:44:07.451 questions and I would have to research 00:44:07.451 --> 00:44:12.049 more to give a definitive answer.That 00:44:12.049 --> 00:44:18.669 is why we always -- binding ruling, 00:44:18.669 --> 00:44:24.165 binding ruling, binding ruling, because everything is unique and 00:44:24.165 --> 00:44:24.167 it's an interesting place.Another 00:44:24.167 --> 00:44:28.883 example from the last webinar. Is this a mop? 00:44:28.883 --> 00:44:36.664 Months are covered under heading 9603, 00:44:36.664 --> 00:44:36.666 so is this a product under 9603?Okay, 00:44:36.666 --> 00:44:39.258 thanks for the clarification, it does cover parts but I'm going to guess 00:44:39.258 --> 00:44:40.820 if you have part versus toothbrush, 00:44:40.820 --> 00:44:50.481 toothbrush is more specific.Now, 00:44:50.481 --> 00:45:00.665 if you had one of the components with a handle, that would probably be a part.Moving 00:45:00.665 --> 00:45:10.422 on from toothbrushes, is this a mop?Same 00:45:10.422 --> 00:45:17.621 as the toothbrushes. I didn't know 00:45:17.621 --> 00:45:23.056 everyone was going to get so excited about electric toothbrushes. But yes, 00:45:23.056 --> 00:45:26.071 the wet jet, we've got the ruling right here. Because of that motor 00:45:26.071 --> 00:45:30.835 it covers electric motor Inc. so it does 00:45:30.835 --> 00:45:34.890 not meet the terms of heading 9603. So 00:45:34.890 --> 00:45:42.507 there we go.Yes, 00:45:42.507 --> 00:45:47.647 it can be used without the motor, but it contains one. 00:45:47.647 --> 00:45:53.701 So it is that whole -- it has that functionality there, 00:45:53.701 --> 00:45:58.002 and I don't want to say fugitive use, but if it is there most people would probably take advantage of it.Moving 00:45:58.002 --> 00:46:07.102 on to the last heading, almost there. 00:46:07.102 --> 00:46:36.184 It went by quick. We've got combs, 00:46:36.184 --> 00:46:39.232 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. 00:46:39.232 --> 00:46:43.616 It breaks out into plastics and other 00:46:43.616 --> 00:46:48.850 materials.And 00:46:48.850 --> 00:46:49.288 another question, would it be the same thing as a 00:46:49.288 --> 00:46:57.890 swiffer. With some of the swiffer it's 00:46:57.890 --> 00:47:04.852 a stick and that is more or less a mop 00:47:04.852 --> 00:47:06.626 and there is no motor on it. So does it have a difference between a stick 00:47:06.626 --> 00:47:08.430 with a mop pad on it and a stick with a 00:47:08.430 --> 00:47:20.195 motor and a sprayer and other features. 00:47:20.195 --> 00:47:24.701 There is a distinction there.So 00:47:24.701 --> 00:47:27.469 we have kind of a breakout between plastics and other materials and within that 00:47:27.469 --> 00:47:31.093 you have a breakout of Combs and hair slides. 00:47:31.093 --> 00:47:35.654 And then the combs are done by value. 00:47:35.654 --> 00:47:40.841 It includes all kinds of again toilet Combs, 00:47:40.841 --> 00:47:42.006 grooming for animals, so general grooming. Dress Combs, 00:47:42.006 --> 00:47:45.650 it says personal adornment, that is what 00:47:45.650 --> 00:47:53.851 you would wear so sticking it into your 00:47:53.851 --> 00:47:55.169 hair. It is essentially like a barrette but we include 00:47:55.169 --> 00:48:00.626 the [can't understand] shaped headbands, 00:48:00.626 --> 00:48:03.012 hairpins and curling pins and that is 00:48:03.012 --> 00:48:05.633 later in the chapter.Okay, 00:48:05.633 --> 00:48:09.088 in case you guys don't know and I 00:48:09.088 --> 00:48:13.586 mentioned it because it is something that is unusual 00:48:13.586 --> 00:48:17.608 because it is a unit of quantity and 00:48:17.608 --> 00:48:21.483 also in some of the duty calculations it 00:48:21.483 --> 00:48:27.464 is per gross which is by gross. So it 00:48:27.464 --> 00:48:35.079 is essentially 144 items, a dozen dozen. 00:48:35.079 --> 00:48:38.011 So if you were looking at further classification, $4.50 per gross and it equals a little over 00:48:38.011 --> 00:48:49.375 three cents per each. So I would say 00:48:49.375 --> 00:48:49.377 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 00:48:49.377 --> 00:48:54.659 hair accessories. You have two types 00:48:54.659 --> 00:48:57.604 that are excluded, you have the flat 00:48:57.604 --> 00:49:03.834 textile headbands which are all textile, 00:49:03.834 --> 00:49:05.996 there is nothing else. It is just a loop of textile. 00:49:05.996 --> 00:49:19.803 Those are generally handled by NIS 00:49:19.803 --> 00:49:23.629 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. 00:49:23.629 --> 00:49:28.084 Again that issue is kind of up before headquarters 00:49:28.084 --> 00:49:34.449 on the interior material and where it could go.So 00:49:34.449 --> 00:49:36.614 just be aware. But in general, if we 00:49:36.614 --> 00:49:41.403 are talking textiles and primary 00:49:41.403 --> 00:49:45.844 textiles, it is excluded from 8615.A 00:49:45.844 --> 00:49:48.054 hair comb that contains precious stones. 00:49:48.054 --> 00:49:52.664 It depends on if it is a hair comb that 00:49:52.664 --> 00:49:53.819 is a dress comb that you put in your hair. If you put it in your hair 00:49:53.819 --> 00:49:59.537 to wear it it most likely would be 00:49:59.537 --> 00:50:05.294 considered a type of jewelry which is I 00:50:05.294 --> 00:50:07.400 think 71 or something. And if it is a comb with precious gems 00:50:07.400 --> 00:50:12.474 or metals and it is for combing, then it 00:50:12.474 --> 00:50:16.840 would be based on the constituent material.So 00:50:16.840 --> 00:50:20.037 we've got that. If you have a solid 00:50:20.037 --> 00:50:24.036 gold comb with diamonds on it and you 00:50:24.036 --> 00:50:26.601 use it to comb your hair, then it would probably 00:50:26.601 --> 00:50:28.201 be classified as an article of a comb 00:50:28.201 --> 00:50:31.243 for that question.We've 00:50:31.243 --> 00:50:35.130 got this big pink flower with a headband. 00:50:35.130 --> 00:50:36.819 I think you guys have all had it, it 00:50:36.819 --> 00:50:53.884 would have had a witch's hat on it. 00:50:53.884 --> 00:51:03.169 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. 00:51:03.169 --> 00:51:08.222 Or because of the headband it becomes utilitarian and thus would be excluded from chapter 95 and go to the headband.But 00:51:08.222 --> 00:51:09.188 if we are saying a cute little hat that is not a 00:51:09.188 --> 00:51:14.211 witch's hat and it could possibly be 00:51:14.211 --> 00:51:20.603 festive, than a stays with 9615.In 00:51:20.603 --> 00:51:22.223 this case because you have the headband 00:51:22.223 --> 00:51:27.727 which is an item that is holding hair 00:51:27.727 --> 00:51:31.426 and you have a follow attached to it, you guys are correct, 9615.But 00:51:31.426 --> 00:51:33.993 if the headband is plastic and the 00:51:33.993 --> 00:51:41.808 flower is we will say polyester fabric 00:51:41.808 --> 00:51:42.801 like most of the flowers, then it would go to other material because even though 00:51:42.801 --> 00:51:48.041 the headband gets up in under 9615, you 00:51:48.041 --> 00:51:49.805 have to break it down for components for 00:51:49.805 --> 00:51:54.418 the 3B determination and you would end 00:51:54.418 --> 00:52:00.262 up using other materials for that.It's 00:52:00.262 --> 00:52:07.600 similar if it was on a little metal clip.We've 00:52:07.600 --> 00:52:14.519 got this mane and tail comb. We will 00:52:14.519 --> 00:52:20.246 see the teeth are metal and the handle is plastic. 00:52:20.246 --> 00:52:24.631 Where would we put this one?We 00:52:24.631 --> 00:52:28.235 said combs are broken out into plastics 00:52:28.235 --> 00:52:31.802 and other materials.For 00:52:31.802 --> 00:52:35.883 that we will say it is well over $4.50 00:52:35.883 --> 00:52:47.600 per gross.I 00:52:47.600 --> 00:52:51.179 see some plastic and some metal. With a 00:52:51.179 --> 00:52:55.458 lot of these you would look, similar to 00:52:55.458 --> 00:52:58.762 some of the other stuff we handle, the working surface. 00:52:58.762 --> 00:52:59.816 The comb, the teeth itself are metal in 00:52:59.816 --> 00:53:05.262 this example. I could be plastic but we 00:53:05.262 --> 00:53:08.004 will say they are metal. Because the teeth are metal 00:53:08.004 --> 00:53:12.012 the comb is a metal comb and you would 00:53:12.012 --> 00:53:15.606 go to 9615.19, and we said it was well 00:53:15.606 --> 00:53:32.473 over so 19.4000 in this example.I 00:53:32.473 --> 00:53:34.797 think this was already asked, what if you put some flowers on a mental hair clip. Since we're getting close on time, 00:53:34.797 --> 00:53:37.253 we will say again these are fabric 00:53:37.253 --> 00:53:40.449 because that is what you are really seeing. 00:53:40.449 --> 00:53:48.246 Even though the hair clip is what -- 00:53:48.246 --> 00:53:49.002 the hair clip gets 9615, but then you are buying it for the flowers. 00:53:49.002 --> 00:53:54.456 So generally in looking at the 00:53:54.456 --> 00:54:03.987 precedent for the hairclips under 9615, 00:54:03.987 --> 00:54:06.597 it generally is what is the decorative on it. Not all of the time but generally the decorative item on the hair clip 00:54:06.597 --> 00:54:09.036 is what imparts the central character 00:54:09.036 --> 00:54:19.354 and would ultimately provide the classification.As 00:54:19.354 --> 00:54:28.847 I said, you are right, the hairclips why you buy it. So at the heading level, 00:54:28.847 --> 00:54:32.006 GRI 1, bingo, 9615. No doubt about that. But then you get to 6 to classified on the sub-heading level 00:54:32.006 --> 00:54:35.802 and you have to go down from there.The 00:54:35.802 --> 00:54:40.775 last item. We will say metal hair comb. 00:54:40.775 --> 00:54:48.641 I think the image -- in this image it 00:54:48.641 --> 00:54:57.178 was actually preserved flowers, but we will say they are artificial.We've 00:54:57.178 --> 00:55:03.472 got the thing to show it to you. Again 00:55:03.472 --> 00:55:14.843 like we were discussing in the chat box, we got a dress comb. 00:55:14.843 --> 00:55:22.653 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 00:55:22.653 --> 00:55:24.173 worn. What sets this apart from other 00:55:24.173 --> 00:55:36.667 items. In this case it is the flowers. 00:55:36.667 --> 00:55:38.973 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, 00:55:38.973 --> 00:55:52.973 so 19.4000, same as the horse comb.A 00:55:52.973 --> 00:55:56.480 question. A wreath, if it is a written 00:55:56.480 --> 00:56:03.004 set of flowers or -- okay, 9602 is only 00:56:03.004 --> 00:56:10.989 for artificial flowers. Fruits, 00:56:10.989 --> 00:56:14.445 foliage, so if you don't have any 00:56:14.445 --> 00:56:22.205 artificial flowers, foliage, fruits, if 00:56:22.205 --> 00:56:24.583 it is just ribbons or little Christmas balls or something like that, 00:56:24.583 --> 00:56:31.469 then know. But since we are starting to 00:56:31.469 --> 00:56:33.594 veer into festive territory, I do not handle that 00:56:33.594 --> 00:56:40.531 and I know it is very touchy. There is 00:56:40.531 --> 00:56:43.004 a lot of court cases on festive materials. I would prefer not to touch on that or speak on that.If 00:56:43.004 --> 00:56:49.296 you have a wreath or any product that is 00:56:49.296 --> 00:56:50.791 maybe festive and it contains flowers, because some of the foliage 00:56:50.791 --> 00:56:52.810 can be considered festive, we ask that 00:56:52.810 --> 00:57:03.929 you send in for a binding ruling. That 00:57:03.929 --> 00:57:05.604 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 00:57:05.604 --> 00:57:10.990 to make that call.And 00:57:10.990 --> 00:57:21.848 with that we go to questions. I have a 00:57:21.848 --> 00:57:25.954 question and 6702, if there are two multiplistic absolute together to form an item, for example a pumpkin, with that go to 00:57:25.954 --> 00:57:25.956 item 6702.Generally 00:57:25.956 --> 00:57:29.793 I would say yes because you have two 00:57:29.793 --> 00:57:35.012 parts that are glued together to form a whole 00:57:35.012 --> 00:57:42.470 assembled from various pieces. Generally like with the pumpkins, 00:57:42.470 --> 00:57:43.839 we talked about the body and the stem. If you were gluing those together and it gets the 6702 treatment, 00:57:43.839 --> 00:57:52.957 if you had, if the stem is on one half, 00:57:52.957 --> 00:57:56.417 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, 00:57:56.417 --> 00:57:58.207 then I wouldn't see one at 6702.I 00:57:58.207 --> 00:58:05.242 guess you just have to be careful of is 00:58:05.242 --> 00:58:17.212 it meant for some other purpose like holding things. Is there a hinge on it or something like that.I'm 00:58:17.212 --> 00:58:20.236 not sure on that, let's go back to 36. 00:58:20.236 --> 00:58:26.564 Hold on a second, go to slide 36.36. 00:58:26.564 --> 00:58:34.364 Is this the -- yes, the webinar will be 00:58:34.364 --> 00:58:38.988 posted online. So is this the slide 00:58:38.988 --> 00:58:51.393 four who wanted 36?This 00:58:51.393 --> 00:58:56.005 is essentially per chapter note 1, 00:58:56.005 --> 00:58:58.992 electrically warmed blankets, that is 00:58:58.992 --> 00:58:59.968 the ruling we spoke on about electric 00:58:59.968 --> 00:59:18.236 blankets.So 00:59:18.236 --> 00:59:21.578 the question, what if it is not a festive headband but somewhat costume like. That is the exact issue before headquarters, 00:59:21.578 --> 00:59:36.611 is the cat ear, dog ear, I was thinking 00:59:36.611 --> 00:59:45.408 antlers but those kind of items, is it an instant costume or a headband and headquarters is looking at that. 00:59:45.408 --> 00:59:50.006 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 00:59:50.006 --> 00:59:53.773 are classified as garments.There 00:59:53.773 --> 00:59:59.013 was a ruling on flat irons. Let me go 00:59:59.013 --> 01:00:02.228 back to flat iron. There is the ruling on flat irons 01:00:02.228 --> 01:00:08.963 for who wanted that.We 01:00:08.963 --> 01:00:13.039 will see if we have any other questions. 01:00:13.039 --> 01:00:15.407 I think I saw -- a ruling for festive 01:00:15.407 --> 01:00:19.195 headbands, classified for [can't 01:00:19.195 --> 01:00:21.365 understand] durability of the product. 01:00:21.365 --> 01:00:26.242 Once that decision goes out, and it 01:00:26.242 --> 01:00:27.586 will most likely be in the customs notice because I believe 01:00:27.586 --> 01:00:36.884 there will be some rulings that have to 01:00:36.884 --> 01:00:38.140 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 01:00:38.140 --> 01:00:47.628 and items on there.So 01:00:47.628 --> 01:00:53.574 festive is trouble, agreed, and I don't even handle it.As 01:00:53.574 --> 01:01:01.062 I said it is case-by-case on items.Okay, 01:01:01.062 --> 01:01:03.164 let's see if we have any other last 01:01:03.164 --> 01:01:07.156 questions before we go back to the last 01:01:07.156 --> 01:01:09.800 slide. It has my email on there 01:01:09.800 --> 01:01:14.407 again.And 01:01:14.407 --> 01:01:19.352 do we go. Hopefully that was beneficial 01:01:19.352 --> 01:01:22.792 and gave a refresh on these four 01:01:22.792 --> 01:01:27.787 headings. And when we see the rulings 01:01:27.787 --> 01:01:32.426 come in on these, especially on the 01:01:32.426 --> 01:02:55.997 foliage, we will get all of the information 01:02:55.997 --> 01:02:55.999 on classification and some of the details. The more information the better.Thank 01:02:55.999 --> 01:02:56.003 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. 01:02:56.003 --> 01:02:56.009 So thank you, and Chrissi if you want to go ahead and close us out.>> 01:02:56.017 --> 01:02:56.017 KRISTOPHER BURTON: Goodbye everyone.