CHEN, MICHAEL W Good afternoon, everyone, and thank you for joining us.
CHEN, MICHAEL W My name is Michael Chen, NIS 410.
CHEN, MICHAEL W At the site, liar products includes heading 9405,
nominees and lighting fittings.
CHEN, MICHAEL W Heading 8513 Portable electric claims.
CHEN, MICHAEL W Heading 8539.
CHEN, MICHAEL W Electric filament or discharge lamps and everyday lamps.
CHEN, MICHAEL W Heading 8508 vacuum cleaners.
CHEN, MICHAEL W Heading 8509.
CHEN, MICHAEL W And atrophic chemical domestic appliances.
CHEN, MICHAEL W Heading 8510, she was here.
Clippers and hair, removing appliances.
CHEN, MICHAEL W Heading 7321.
CHEN, MICHAEL W Nonelectric domestic appliances.
CHEN, MICHAEL W And some merchandise on the other various some headings.
CHEN, MICHAEL W CPP mission statement.
CHEN, MICHAEL W Protect the American people.
CHEN, MICHAEL W Save guard our borders
and enhanced nations economy prosperity.
CHEN, MICHAEL W As such way vision statement.
CHEN, MICHAEL W Office of Trace facilitates
legitimate trade enforces laws.
CHEN, MICHAEL W And protect the American economy
to ensure consumer safety and create a level playing field
for American businesses.
CHEN, MICHAEL W I'm not going to read through the disclaimer.
CHEN, MICHAEL W Discipline station is for information
and educational purposes only.
The lines solely on the general information.
It is presentation may not be considered reasonable care.
CHEN, MICHAEL W In this presentation I will do my best
to use pictures I took from the actual loading samples of
from the product images in the loading requests.
CHEN, MICHAEL W All the images are copied from the Internet
for electrician and educational purposes.
CHEN, MICHAEL W No copyright infringement is intended.
CHEN, MICHAEL W Credit is given to the copular owners, if any.
CHEN, MICHAEL W Contents of this presentation are not for duplication.
CHEN, MICHAEL W Any questions for the prospective achievements?
CHEN, MICHAEL W For specific product should be sent
for the E rolling request program using the link provided here.
CHEN, MICHAEL W He found is the link where this person presentation
will be posted for the trade community.
CHEN, MICHAEL W Today's presentation will last approximately 50 minutes.
CHEN, MICHAEL W Please have your questions
to the end of the presentation.
CHEN, MICHAEL W If I am not able to address because it's today,
please send me via emails.
CHEN, MICHAEL W Again.
CHEN, MICHAEL W My presentation topic for today is case study.
CHEN, MICHAEL W Heading 9405.
CHEN, MICHAEL W Or something else?
CHEN, MICHAEL W After my case study, baby in the last year,
many people ask if I could do a presentation specifically on how
to apply the GRE'S in classifying the composite goods
where the light is combined with other things.
CHEN, MICHAEL W But importantly, receives a surgery composite.
Good ruling we issued.
CHEN, MICHAEL W Because of caution in the ruling.
CHEN, MICHAEL W Was from time to time different
from what the importers proposed.
CHEN, MICHAEL W Auto most of the time,
we explained the reasons in the ruling.
CHEN, MICHAEL W How?
Yeah, work some flow does appear to be very similar or identical
to the products according to the importance of search.
CHEN, MICHAEL W But the configuration is different.
CHEN, MICHAEL W Yes, you had the right impression,
and I've explained why along my presentation.
CHEN, MICHAEL W Heavy curve.
The first case I picked is the product identified as the portable light tower.
As soon on the slide.
CHEN, MICHAEL W The portable light tower which?
CHEN, MICHAEL W Attached.
CHEN, MICHAEL W And are.
CHEN, MICHAEL W Telescopic power if a cluster of lighting fittings.
CHEN, MICHAEL W The code copied tower is constructed of galvanized steel
with either a manual electric or hydraulic system for leasing the cluster
of lights.
Depending on the absence ordered.
CHEN, MICHAEL W The portable light tower is manufactured
with all necessary lighting in a self powered portable system capable
of being taught by a motor vehicle to various job sites
and feature adjustable.
CHEN, MICHAEL W I'll checkers for securing the system.
CHEN, MICHAEL W At the design location during use.
CHEN, MICHAEL W Dictionary the Portable light tower features
convenient outlets that can be used to power all the machinery.
CHEN, MICHAEL W Look at the product he gives Italy implication there.
CHEN, MICHAEL W It has a generator and lights.
CHEN, MICHAEL W How to classify to put people like power in the picture?
CHEN, MICHAEL W Where to begin?
CHEN, MICHAEL W Classification under the Harmonized tariff schedule
of the United States.
CHEN, MICHAEL W HTSUS.
CHEN, MICHAEL W It's made of in accordance with the general groups
of interpretation, or TR.
CHEN, MICHAEL W Yeah, I want provides that the classification
of goods shall be determined according to the terms of the headings
of the talent schedule and any negative section or chapter notes.
CHEN, MICHAEL W In the event that the good cannot be classified solely
on the basis of GRID one, and if the headings
and the legal nodes do not otherwise require.
CHEN, MICHAEL W Element.
Your eyes may then be applied.
CHEN, MICHAEL W Joe, I want.
CHEN, MICHAEL W 8.
CHEN, MICHAEL W The product is classified by virtue
of being specifically named in the handing language or in the section
or chapter notes.
CHEN, MICHAEL W We find that the high output flat light components
are described.
CHEN, MICHAEL W In heading 9405.
CHEN, MICHAEL W As lighting fittings.
CHEN, MICHAEL W As such.
CHEN, MICHAEL W Portable light tower is not specifically provided.
CHEN, MICHAEL W Four in any one heading in the Chinese book.
CHEN, MICHAEL W I28.
CHEN, MICHAEL W Incomplete, unfinished.
CHEN, MICHAEL W And on assembled product should be classified
under the name heading if they hold essential character of the whole
or assemble product.
CHEN, MICHAEL W You are to pee talks about materials or substance
of mixture or combination which is not directly related to our goods
at issue today.
Nevertheless, she R 2P also dilates that the classification of goods consisting
of more than one material or substance should be according to the principles.
CHEN, MICHAEL W Of GRID freed.
CHEN, MICHAEL W Guided by TI one, we find that
the diesel powered electric generator components
of the portable light tower are described as electric generating sets.
CHEN, MICHAEL W Off heading 8502.
CHEN, MICHAEL W Because they include a combination
of an electric generator and additional engine mounted together
on the metal chassis.
CHEN, MICHAEL W Similarly, heading 9405 for whites.
CHEN, MICHAEL W In part, electric lighting,
fixtures and fittings not elsewhere specific or included.
CHEN, MICHAEL W We find that the high output floodlight components
are described.
CHEN, MICHAEL W By heading 9405.
CHEN, MICHAEL W As a lighting fixture.
CHEN, MICHAEL W However.
CHEN, MICHAEL W It portable light tower as a whole is not described.
CHEN, MICHAEL W Are all specifically provided for in one heading.
CHEN, MICHAEL W In the harmonic tardive schedule.
CHEN, MICHAEL W I want here films.
CHEN, MICHAEL W Yeah, I do.
A states that incomplete, unfinished and unassembled products
would be classified under the named heading if they hold a sense
of character of the whole or assemble products.
CHEN, MICHAEL W The generator set and the lighting fixture
is a fully assembled and complete product in each imported condition.
CHEN, MICHAEL W I took a does not apply here.
CHEN, MICHAEL W I2P stays there because consisting
of modern one material or substances.
CHEN, MICHAEL W If.
CHEN, MICHAEL W Please pretty much faster classifiable under two
or more headings.
CHEN, MICHAEL W Musketeer for because for according to principles of GRID 3.
CHEN, MICHAEL W Yeah, three says heading language,
which provide the most specific description, shall be preferred
to heading language, providing a more general description.
CHEN, MICHAEL W A description by name is more specific
than a description by class.
CHEN, MICHAEL W Looking at this generator and light combo.
CHEN, MICHAEL W Last year, I3 applied.
CHEN, MICHAEL W Can you see fit to any heading language
that provide a more specific than a general description IE.
CHEN, MICHAEL W A lamp or a generator?
CHEN, MICHAEL W Property not in this case.
CHEN, MICHAEL W Native heading is more specific than the other.
CHEN, MICHAEL W 8502 and 8409 each only describes part of the merchandise.
CHEN, MICHAEL W Thus.
CHEN, MICHAEL W GR I38 does not apply.
CHEN, MICHAEL W Next, proceed to Josh.
Repeat.
CHEN, MICHAEL W Yeah, are three pieces mixtures.
Composite goods consisting of different material or makeup
of different components and good put up in sense for retail sale
which cannot be classified by reference to free.
A should be classified as if they consisted of the material or components
which give them their sense of caliper.
CHEN, MICHAEL W Yes.
CHEN, MICHAEL W Do you are sleepy?
Appeared.
Click.
CHEN, MICHAEL W Let's look into it to see if there are three P really apply
in this case.
CHEN, MICHAEL W Do you all?
I see Billy.
First to mixtures and composite goods.
CHEN, MICHAEL W Show.
CHEN, MICHAEL W We need to test if the portable light tower is qualified
as a composite good first.
CHEN, MICHAEL W Yeah.
Night, which you are.
Sleepy.
Stays there.
Composite.
Good means good.
Made up of different components.
Really.
The components are attached to each other
to form a practically inseparable hope
and good with separable components provided.
CHEN, MICHAEL W These components are adopted to each other
and are mutually complementary and.
CHEN, MICHAEL W That together they form a home.
CHEN, MICHAEL W Which would not normally be over for sale.
It's separate pots.
CHEN, MICHAEL W The portable lighting tower is made up
of different components.
CHEN, MICHAEL W The digital power and electric generator
and high output flag lights.
CHEN, MICHAEL W The diesel powered electric generators
and the mounted light tower.
CHEN, MICHAEL W From an inseparable hope, given that they are attached
to each other.
CHEN, MICHAEL W More over.
CHEN, MICHAEL W They are mutually complementary
in that the generator provides power to the lights.
CHEN, MICHAEL W And the light room in it, the open spaces and topsides.
CHEN, MICHAEL W Finally, they are not normally offer
for sure it's separate thoughts.
CHEN, MICHAEL W Therefore, the portable light tower is indeed
a composite good that must be classified using GRID free B.
CHEN, MICHAEL W What does the essential keto mean?
CHEN, MICHAEL W E N8 ICP provides that.
CHEN, MICHAEL W When performing an essential character.
CHEN, MICHAEL W Analysis The factor that should be considered are the bulk.
CHEN, MICHAEL W Quantity.
CHEN, MICHAEL W Wait, where are you?
CHEN, MICHAEL W Order low of a constituent material
in relation to the use of the goods.
CHEN, MICHAEL W As you are aware, there have been
several concrete decisions on general on the terms essential character
for purpose of classification under the DRI free bid.
CHEN, MICHAEL W The client mentioned today, he sends a catered her, he's.
CHEN, MICHAEL W It dispensable to destructure call or condition
of the article I what it is.
CHEN, MICHAEL W In particular.
CHEN, MICHAEL W In the Home Depot case, the court stated that
and it says OK character inquiry requires effect intensive analysis.
CHEN, MICHAEL W Therefore, a case by case determination
on essential character is needed.
CHEN, MICHAEL W In this situation.
CHEN, MICHAEL W Flighty says.
Located analysis to.
CHEN, MICHAEL W The merchandise at issue.
CHEN, MICHAEL W We find that the electric generator constitute constitute
the the bulk of the subject merchandise and provides the source of energy
to the floodlights.
CHEN, MICHAEL W Given that the purpose of the subject merchandise is
to provide light to open spaces and job size using the energy provided
by the generator.
CHEN, MICHAEL W And to provide energy to all the machineries,
using the convenience outlets that are located on the generator.
CHEN, MICHAEL W We find that the generator is indispensable
to the article as a whole.
CHEN, MICHAEL W Without the generator.
CHEN, MICHAEL W The portable lamps in operable.
CHEN, MICHAEL W As such, we conclude that
the digital power electric generator is the components
that provides the essential character in this case.
CHEN, MICHAEL W Accordingly, the portable light tower was reclassified
in heading 8502 eleven as generating sense by the headquarters ruling issued
in 2016.
CHEN, MICHAEL W The older ruling out the original ruling
and 026470 of May 2008.
CHEN, MICHAEL W Which classified the portable light tower in heading 9405
as a lighting fixture, was thereby revoke.
CHEN, MICHAEL W That your eyes juice in the headquarters ruling was TRISB.
CHEN, MICHAEL W And then six.
CHEN, MICHAEL W Of course.
CHEN, MICHAEL W Going through this year, I want
to free a first before ending with GR3 big in the analysis.
CHEN, MICHAEL W As a side note, GRID six is to go
over to our eyes all over again within heading to determine the subheadings.
CHEN, MICHAEL W All that glitters is not gold.
CHEN, MICHAEL W That's.
CHEN, MICHAEL W The same maybe true here to the classification.
CHEN, MICHAEL W I wanna slide are two portable lights.
The portable light tower in the far right is the one that we just reviewed
and declassified as the generator sets in heading 8502.
CHEN, MICHAEL W The portable light in the center
with a light color generator.
CHEN, MICHAEL W Is a lighthouse that looks really similar to.
CHEN, MICHAEL W It is 01.
CHEN, MICHAEL W On the left.
CHEN, MICHAEL W The itch consists of.
CHEN, MICHAEL W The light tower.
CHEN, MICHAEL W And the generator.
CHEN, MICHAEL W Can you classify the portable light tower?
CHEN, MICHAEL W In the center in head 8502, as a generator set based
on the HQ rule and H 270400.
CHEN, MICHAEL W In which CPP classified the Zero Portable light then,
then the latest set or portable light tower as generally the set in 8502.
CHEN, MICHAEL W In other words, can you use the President to classify?
CHEN, MICHAEL W The lighthouse in in the center.
CHEN, MICHAEL W Remember that the court toilets ask.
CHEN, MICHAEL W That and essence of catheter in Cali.
CHEN, MICHAEL W Requires a fact intensive analysis
and we should contact the Essential Canada analysis on a base by base.
OK on a case by case basis.
CHEN, MICHAEL W The component which determines the essential character
of an article.
CHEN, MICHAEL W You're very from product to product
and maybe determine based on a variety of factors.
CHEN, MICHAEL W Including, but not limited to,
the five factors we mentioned on the previous slides is that OK that may.
CHEN, MICHAEL W Also be determined by the component
which is indispensable to the structure called or condition of the article.
CHEN, MICHAEL W Dead.
CHEN, MICHAEL W And the difference between these two portable light house,
except for the generated color.
CHEN, MICHAEL W We look more into the product specs and use the menus
and found some differences in the generator portion.
CHEN, MICHAEL W Power 50 let.
CHEN, MICHAEL W Generator which is in the center.
CHEN, MICHAEL W Here.
CHEN, MICHAEL W That's not have the outlets for charging the tools
or other machines.
The only function of the generator is to provide energy to power the lights.
CHEN, MICHAEL W Did you use a?
Is more likely buying for the lighting?
CHEN, MICHAEL W Without the lights, the generator would have no use.
CHEN, MICHAEL W Noting that the path we may need to classify this product.
CHEN, MICHAEL W Differently.
CHEN, MICHAEL W Probably by delight, not by the generators as we did
in the previous ruling.
CHEN, MICHAEL W All right, so if you need to import this product,
you are welcome to submit a binding ruling
and we will make a decision on it.
CHEN, MICHAEL W People proceed to the next case study for another product.
CHEN, MICHAEL W The speaker.
CHEN, MICHAEL W Lamb combination.
CHEN, MICHAEL W This is a product picture from Ikea's web page.
CHEN, MICHAEL W Is it a heading 95 ninety 405 lamp?
CHEN, MICHAEL W Or something else?
CHEN, MICHAEL W Here's another picture.
CHEN, MICHAEL W Showing the same product.
I would think that I can put a pet in the middle to suggest that the function
of streaming music songs from the speaker.
CHEN, MICHAEL W That they they want to emphasize.
CHEN, MICHAEL W Let's take a closer look at the picture.
CHEN, MICHAEL W Including doughs in the products.
CHEN, MICHAEL W A promotion websites.
CHEN, MICHAEL W Just typical lamb was one of the items in our ruling
and free 06132 from.
CHEN, MICHAEL W 2019.
CHEN, MICHAEL W It is a combination of speaker and desk lamp.
CHEN, MICHAEL W The article measures.
CHEN, MICHAEL W 9 inches by 9 inches by 16 inches.
CHEN, MICHAEL W It consists of a speaker within.
CHEN, MICHAEL W The base.
CHEN, MICHAEL W Of a desk lamp.
CHEN, MICHAEL W It incorporates a glass shade, a plastic body.
CHEN, MICHAEL W If the textile left around the body of the speaker.
CHEN, MICHAEL W The limbs serves as a lighting function for the room
in different providing streaming music songs from speaker.
CHEN, MICHAEL W The product supports playback of a stored digital media.
CHEN, MICHAEL W Over the local land network, when set up using the desktop
or mobile or mobile apps.
CHEN, MICHAEL W And connects to home Wi-Fi network
or existing Sono mess network.
CHEN, MICHAEL W What do you think?
CHEN, MICHAEL W Would you classify this speaker lamp in heading 9405
as a desk lamp?
CHEN, MICHAEL W Ohh as a speaker.
CHEN, MICHAEL W Under 8518.
CHEN, MICHAEL W I'm gonna open my check box.
Please type lamp or speaker or in the chat box.
CHEN, MICHAEL W Let's see what we have here.
CHEN, MICHAEL W OK.
CHEN, MICHAEL W The first one.
CHEN, MICHAEL W Speaker 8518 speaker lamp speaker, speaker.
CHEN, MICHAEL W Speaker.
CHEN, MICHAEL W And if I've 1885 eighteen speaker lamb, lamb, speaker,
speaker, speaker, need more information?
CHEN, MICHAEL W IPhone 5.
CHEN, MICHAEL W Land speaker.
CHEN, MICHAEL W Lamb, lamb, lamb, lamb, lamb.
CHEN, MICHAEL W Lamb, lamb, lamb.
CHEN, MICHAEL W 94 oh, five 945-945-9045.
CHEN, MICHAEL W 945.
CHEN, MICHAEL W Lamb, lamb, lamb, lamb, lamb.
Speaker.
CHEN, MICHAEL W Lamb.
CHEN, MICHAEL W You see another lambs, and I saw a lot of speakers.
CHEN, MICHAEL W For those classified.
CHEN, MICHAEL W It is 94 oh 405 S 19 fixture or as a lamp.
CHEN, MICHAEL W You probably have the same listening as that of CP.
CHEN, MICHAEL W Otherwise, if you classify it, it had 8518 as a speaker.
CHEN, MICHAEL W You of course have strong arguments too, depending on
how you interpret it.
The QR eyes and way the product facts.
CHEN, MICHAEL W In Luling.
CHEN, MICHAEL W And please, you know 6132.
CHEN, MICHAEL W CPP rule that the subheading
for the typical lamb was 9405 twenty 8010 as a electrical table
or desk lamp.
CHEN, MICHAEL W Order.
CHEN, MICHAEL W I'm the authority of GRID 3C.
CHEN, MICHAEL W The general late of duty would be 3.9% + 25%.
CHEN, MICHAEL W For Chinese product.
CHEN, MICHAEL W Tree Lane ready.
CHEN, MICHAEL W Under section 301.
CHEN, MICHAEL W Again CPP.
CHEN, MICHAEL W Ruled that it is a lamp.
CHEN, MICHAEL W And the products from China?
CHEN, MICHAEL W Then induction to the 3.9%.
CHEN, MICHAEL W Beauty in column one.
CHEN, MICHAEL W The product had to pay additional 25% for the section 301.
CHEN, MICHAEL W Trilemma, duty, duty.
CHEN, MICHAEL W Ohh in March.
CHEN, MICHAEL W 2010 the importer IKEA fire the request
for the constellation of CBP decision and it caused it to leak.
Classified the speaker lamp in heading 8518 as speaker.
CHEN, MICHAEL W IT argues that the essential character
of the speaker lamb is important, but the speaker.
CHEN, MICHAEL W In support, I can note that the loudspeaker
and the Wi-Fi never elements complex 87% of the final cost of the unit.
CHEN, MICHAEL W Further, I keep points to the fact
that the last speaker is continuously connected to the network.
CHEN, MICHAEL W In contrast to the light, this can be switched on or off.
CHEN, MICHAEL W Lastly, I key knows that the retail price 170.
CHEN, MICHAEL W $9 of Speaker Lamb is significantly higher.
CHEN, MICHAEL W Then all the table lamps showed by IKEA most of each.
CHEN, MICHAEL W It killed for under $75.
CHEN, MICHAEL W Thus.
CHEN, MICHAEL W I keep asserted that.
CHEN, MICHAEL W It comes tomorrow.
It's primarily in the table lamp.
CHEN, MICHAEL W Has significantly less expensive options at hand.
CHEN, MICHAEL W Therefore, the consumer purchasing these speaker claim
must be primarily interested in the speaker function of the lamb.
CHEN, MICHAEL W Not the like.
CHEN, MICHAEL W With the arguments presented.
CHEN, MICHAEL W Do you agree the idea?
CHEN, MICHAEL W We disagree anyway.
CHEN, MICHAEL W Initially.
CHEN, MICHAEL W We note that the Wi-Fi speaker components
of the speaker lamb, what itself a composite machine classifiable
under heading 8518.
CHEN, MICHAEL W Husband to Note 3 to 6 and 16.
CHEN, MICHAEL W This nose says.
CHEN, MICHAEL W Unless the context otherwise requires.
CHEN, MICHAEL W Composite machine consisting of two
or more machines fitted together to form a hole
and all the machines designed for the purpose of performing two
or more complementary or alternative functions or to be classified
as if consisting only of that component or as being that machine
which performs the principal function.
CHEN, MICHAEL W As such, an unspecified portion of the 87%
of the manufacturing cost that IKEA attributes to each.
CHEN, MICHAEL W Is not that let me be lated to the loudspeaker
of heading 8518.
Nevertheless, this factor is not dispositive
in determining the essential character.
CHEN, MICHAEL W Of the item before us.
CHEN, MICHAEL W In appearance, the speaker line is shaped like a lamp.
CHEN, MICHAEL W This is cylindrical base.
CHEN, MICHAEL W Topped by a socket for the light bulb.
CHEN, MICHAEL W Any class of fabric shade to salon deal pop once installed.
CHEN, MICHAEL W The House Speaker itself forms the base of the lamp.
CHEN, MICHAEL W And has a textile covering similar
to a typical loudspeaker.
CHEN, MICHAEL W We conclude.
CHEN, MICHAEL W Before that, the appearance
of the speaker Lamb has elements of both the traditional lamp.
CHEN, MICHAEL W And a traditional speaker.
CHEN, MICHAEL W I can also knows that the retail price of this.
CHEN, MICHAEL W Speak her leg is significantly higher
than the other table lamps, so but IKEA?
CHEN, MICHAEL W Us actually asserted.
CHEN, MICHAEL W It consumer interest.
CHEN, MICHAEL W Hired paramilitary in a table lamp
as significantly less expensive options.
CHEN, MICHAEL W Therefore, the consumer process, the speaker land
must be interested in that last speaker function of the unit.
CHEN, MICHAEL W However.
CHEN, MICHAEL W Uh CPP finds that.
CHEN, MICHAEL W The invoice is likewise true, as evidenced
by the other items in IT initial ruling request.
CHEN, MICHAEL W The bookshelf speaker.
CHEN, MICHAEL W The book shows speaker is essentially is loudspeaker
that can sit on a flat surface or be mounted to wall forming a shell.
CHEN, MICHAEL W It appears that the bookshelf speaker details for $99.
A consumer insisted in putting a loudspeaker could purchase this model
for significantly less than table lamp.
Which colony details for $179.
CHEN, MICHAEL W A consumer purchasing the lamp then,
is it likely interested in the functionality of both lamb and speaker?
CHEN, MICHAEL W Fun together it speaker length.
CHEN, MICHAEL W As such.
CHEN, MICHAEL W CPP concludes that the speaker lamb is designed
for use both as lamb and as a Wi-Fi enables loudspeaker.
Both the lamb and the loudspeaker contribute
to the consumers use of the goods.
CHEN, MICHAEL W Therefore, neither the lamb nor the loudspeaker
gives the speaker.
Lamb is essential character.
CHEN, MICHAEL W I guess now are you know where it's be classified under.
CHEN, MICHAEL W Sister, the goods cannot be classified.
CHEN, MICHAEL W According to GR, ICP.
CHEN, MICHAEL W We must use the IPC to classify this good
in the heading which occurs less in the medical order along those
which equally merely consideration.
CHEN, MICHAEL W In this instance that is heading 9405 as lamp.
CHEN, MICHAEL W OK, now we can move the case.
Study three.
CHEN, MICHAEL W The causation of light
and artificial foliage combination product from which most
of the questions are asked.
CHEN, MICHAEL W After we have the trade forum.
CHEN, MICHAEL W This pictures.
CHEN, MICHAEL W So the image of the lighting floral arrangement.
CHEN, MICHAEL W A bad.
CHEN, MICHAEL W Bath and beyond product.
CHEN, MICHAEL W It consists of artificial flower bosoms with LED lights
that are attached to the natural view, low branches and alleged
in a white porcelain vest.
CHEN, MICHAEL W The view of benches measures approximately 24 inches
in length.
CHEN, MICHAEL W And our declarative tense more white.
CHEN, MICHAEL W Patty asked the flowers that are attached
with plastic zip ties to develop branches
at various heights along the branches.
CHEN, MICHAEL W The polyester flowers measures approximately 1 1/2 inches.
CHEN, MICHAEL W In dimension in in tire diameter,
and are constructed to resemble.
CHEN, MICHAEL W And each we look French to connect the LED bulbs
to the battery pack located in a compartment at the bottom of the base.
CHEN, MICHAEL W Yeah, Legerement operates with with two batteries.
CHEN, MICHAEL W From what we have gone through in the previous analysis.
CHEN, MICHAEL W You know that TR I want and GI two do not apply here.
CHEN, MICHAEL W Their life Florida arrangement
is not specifically provided for in the Hollywood harmonized tariff schedule,
and it is not an incomplete or unassembled good of something instead.
CHEN, MICHAEL W This, like it, floral arrangement appears
to be a composite good of TR I3.
CHEN, MICHAEL W They could issue is obviously composed
of different materials that are professor classifiable
in different headings.
CHEN, MICHAEL W There is no dispute that heading.
CHEN, MICHAEL W She lost six below 4 describes
this fellow branches heading 6702 describes.
CHEN, MICHAEL W The artificial flower blossoms.
CHEN, MICHAEL W Heading 6913 describes the porcelain ways.
CHEN, MICHAEL W And heading 9405 describes the LED lighting fittings.
CHEN, MICHAEL W Because the material are classifiable
in four different headings, the natural view of branches,
artificial flower blossoms.
CHEN, MICHAEL W The parceling, missed and LED lighting fittings.
CHEN, MICHAEL W Which are adoptive one to.
CHEN, MICHAEL W Each other and are mutually complementary attached
to each other.
To form a lighted floral.
CHEN, MICHAEL W Arrangement.
CHEN, MICHAEL W And these components are packaged together.
Let differently tell cell.
CHEN, MICHAEL W It is a composite, therefore GR.
IB.
CHEN, MICHAEL W You will fly here.
CHEN, MICHAEL W We need to go along the classification by actually to J I3.
CHEN, MICHAEL W That brings up the most common at big caution.
CHEN, MICHAEL W What import?
CHEN, MICHAEL W The essential character.
CHEN, MICHAEL W Let's look at each of the components listed here and see
if we can find one that depart essential character.
CHEN, MICHAEL W In this case, the natural view of branches,
artificial flower blossoms, and parceling missed each contribute
to the overall structure and visual impact.
A visual impact of arrangement.
CHEN, MICHAEL W The view of plan to play a necessity law
for providing the structure on which the artificial flower.
CHEN, MICHAEL W And and LED's are attached
at displayed the artificial flower blossom also import the arrangement
with the visual.
CHEN, MICHAEL W Character of a floral floral.
CHEN, MICHAEL W Arrangement.
CHEN, MICHAEL W And without the artificial blossom,
the arrangement would merely concept of lighted branches.
CHEN, MICHAEL W The artificial flower blossom and Natural Bureau branches
at the same time contribute to overall visual impact of the arrangement
by forming the general shape.
CHEN, MICHAEL W Of the upper portion of the merchandise.
CHEN, MICHAEL W However, despite providing vertical structure
and visual characteristics to the arrangement, if you look branches
and artificial flower blossoms.
CHEN, MICHAEL W When considered individually.
CHEN, MICHAEL W Do not give the arrangement.
It's essential character because they constitute only a portion
of the arrangements overall general profile.
CHEN, MICHAEL W The possibly invest it fitted with a badly packed that.
CHEN, MICHAEL W Connect the LED wire.
CHEN, MICHAEL W It copper wire and therefore the rest cannot act
as the sceptical for all the materials or liquids.
CHEN, MICHAEL W Consequently.
CHEN, MICHAEL W The rest is juice only as a taste
for the arrangement, and it's important because it provides the structure
and visual impact of the arrangements bottom portion.
CHEN, MICHAEL W Nevertheless.
CHEN, MICHAEL W The post lined vest
by itself does not import the arrangement
with each essential character, because the vest forms only a portion
of the arrangements overall general profile.
CHEN, MICHAEL W Come to the LED lights.
The LED lights consists of 20% of the materials used in the construction
and 17% of the cost.
CHEN, MICHAEL W The LED lights at to the decorative appeal
of the arrangement.
CHEN, MICHAEL W Out of the arrangements, LED lamps in hands,
the assessed value of the article the LED Mary served a complementary law
to the artificial flower blossoms
and the overall structure of the arrangement.
CHEN, MICHAEL W Moreover.
CHEN, MICHAEL W The presence or absence of the LED does not affect
whether the floor arrangement is identifiable as such.
CHEN, MICHAEL W Accordingly, we find that the LED attached
to develop branches do not import the arrangement
with each essential character.
CHEN, MICHAEL W OK, this LED lighted floral arrangement case study
should end here as we have answer to the presentation topic.
CHEN, MICHAEL W Is it at 9405 lights or something else?
CHEN, MICHAEL W Alignment is not.
CHEN, MICHAEL W A light of 9405.
CHEN, MICHAEL W Do you want to go further and find out what?
CHEN, MICHAEL W The something else is.
CHEN, MICHAEL W I.
CHEN, MICHAEL W What light floral arrangement is eventual classified in?
CHEN, MICHAEL W Before we move to find out the classification
of this arrangement in the ruling, let's.
CHEN, MICHAEL W Iterate the listening why the LED lights are eliminated
from the purpose of TRISB analysis in this case.
CHEN, MICHAEL W CPP files that the LED lights attached.
CHEN, MICHAEL W To the the view look branch enhanced the estimated value
of the article.
CHEN, MICHAEL W But many serve a complementary low
to the artificial flower.
CHEN, MICHAEL W And overall structure of the enlargement.
CHEN, MICHAEL W Such a complimentary low is not sufficient
to import the arrangement with essential character.
CHEN, MICHAEL W The presence or absence
of the LED light does not affect whether the floral arrangement is identified
as what it is.
CHEN, MICHAEL W In other words, if this LED lights do not exist
or being turned off.
CHEN, MICHAEL W The article is still a floral arrangement.
CHEN, MICHAEL W As you have noticed from the previous.
CHEN, MICHAEL W Analysis.
CHEN, MICHAEL W That the bundle branches artificial flower
and the porcelain mast.
CHEN, MICHAEL W When considered individually,
do not give the arrangement.
It's essential character because they constitute only a portion
of the arrangements overall profile.
Consequently, in comparing developed branches, artificial flower blossoms
and porcelain West.
CHEN, MICHAEL W It is impossible to determine which individual component
in part, the arrangement, which is essential character by applying.
CHEN, MICHAEL W Joe I sleepy.
CHEN, MICHAEL W Because each of the three components very equal.
CHEN, MICHAEL W Constellation.
CHEN, MICHAEL W Repeat.
CHEN, MICHAEL W Merely equal constellation.
CHEN, MICHAEL W As it is impossible to determine
whether the fellow branches.
CHEN, MICHAEL W The artificial flower blossoms and the possum invest in part
the arrangement with each special character.
CHEN, MICHAEL W That GR IVC must applied.
CHEN, MICHAEL W It states very coach cannot be classified by reference
to freeze a or three B. It shall be classified under.
CHEN, MICHAEL W The heading.
CHEN, MICHAEL W Which occurs last in the medical order.
CHEN, MICHAEL W A long toes, which equally married constellation.
CHEN, MICHAEL W Demanding headings of the big corn merely consolation.
CHEN, MICHAEL W Arranging in numerical order is yellow 604.
CHEN, MICHAEL W 6702691334 it is determined.
CHEN, MICHAEL W That they're lighting follow arrangement is caused by about
in heading 6913.
CHEN, MICHAEL W As an ornamental solamnic article, in other words,
the the possibility.
CHEN, MICHAEL W West.
CHEN, MICHAEL W It's just submitting.
CHEN, MICHAEL W This article is classified under and buy.
CHEN, MICHAEL W Here for information purpose I picked
some of the similar rulings for classifying the similar composite goods
as examples in this slide.
CHEN, MICHAEL W They are not classified in heading 9405,
that's lighting fixtures.
Please note that if you find a ruling that is inconsistent with the listening
and classify the similar merchandise by the light.
CHEN, MICHAEL W In heading 9405.
CHEN, MICHAEL W It will be considered.
CHEN, MICHAEL W And what are modified?
CHEN, MICHAEL W By operation of law again.
CHEN, MICHAEL W And then we walk or the consider rulings.
CHEN, MICHAEL W Be try to look through the class loadings carefully
and thoroughly and try to find out.
CHEN, MICHAEL W The rulings that are similar.
CHEN, MICHAEL W Product or similar issues have similar ruler.
CHEN, MICHAEL W Loading decision or similar products to the issue
and try to invoke a modified them.
But anyway in the case that some.
CHEN, MICHAEL W Rulings.
CHEN, MICHAEL W For miss out.
CHEN, MICHAEL W In in, in this, like revocation or modification process.
CHEN, MICHAEL W And you find the ruling.
CHEN, MICHAEL W Very inconsistent with what we're talking about here today
or the HQ loadings that we just are presented.
CHEN, MICHAEL W Then those rulings should be considered a vote
or modified by operation of law.
CHEN, MICHAEL W The case study presentation is coming
to an end before we go, can you please take a look at this LED 4 Leaf garden
at tell me how you would classify.
CHEN, MICHAEL W Is it a heading 9405 light or something else?
CHEN, MICHAEL W The LED 4 Leaf Garland consists of.
CHEN, MICHAEL W A wing like wire metal in six feet in length.
CHEN, MICHAEL W And a battery pops connected by please.
CHEN, MICHAEL W Something has something else, OK?
CHEN, MICHAEL W Because the the checkbox are
so small I I cannot see it anyway.
CHEN, MICHAEL W I I see you typing the comments in.
CHEN, MICHAEL W And and the wines is decorated with the four leaves
and populated with everyday lamps.
There is an old link in both ends.
CHEN, MICHAEL W The leaf.
CHEN, MICHAEL W And Ed Garland.
CHEN, MICHAEL W Maybe drape, hang or display virtually anywhere
in home or office.
That's the information that.
CHEN, MICHAEL W Was provided.
CHEN, MICHAEL W By the importer.
CHEN, MICHAEL W When they submitted this ruling.
CHEN, MICHAEL W OK, I I I see you.
CHEN, MICHAEL W Type Nightfall 5 something on Sunday.
CHEN, MICHAEL W Most of them says something.
Something else.
OK.
CHEN, MICHAEL W The ruling equals also provided
the material conversation here.
CHEN, MICHAEL W OK, this is the information,
the material composition information provided by the importer.
CHEN, MICHAEL W Are we over the request?
The left out information for the lighting components?
CHEN, MICHAEL W They they give the other the materials here
but but without the information on on, on the lighting part.
CHEN, MICHAEL W OK.
CHEN, MICHAEL W Based on what we have learned and information provided
in the ruling request.
CHEN, MICHAEL W I think you have having the idea.
CHEN, MICHAEL W Of what?
CHEN, MICHAEL W These should be classified under.
CHEN, MICHAEL W But anyway, I saw somebody type you know already.
CHEN, MICHAEL W Ohh, I saw somebody's fast for festive.
OK, we need more.
Maybe not like this.
OK, alright, let's move on.
CHEN, MICHAEL W OK.
Again.
Yeah.
So many people in the room.
CHEN, MICHAEL W Right now.
CHEN, MICHAEL W One more time I'm I'm looking at the check box,
would you type?
CHEN, MICHAEL W Yes, if you classify it in 9405 and no.
CHEN, MICHAEL W If you husband it outside of 9405.
CHEN, MICHAEL W OK.
Yes, yes, yes.
No, no, no.
CHEN, MICHAEL W Yes, yes.
No, no, no.
Yes.
No, no, no.
CHEN, MICHAEL W Yeah, I know.
CHEN, MICHAEL W It's a kind of complex and confused.
That's why I tried to pick this.
CHEN, MICHAEL W To.
CHEN, MICHAEL W At.
CHEN, MICHAEL W All presentation.
CHEN, MICHAEL W OK, let's see how the importer.
CHEN, MICHAEL W Hospice first.
CHEN, MICHAEL W The important classified this item in heading 6702
as artificial foliage.
CHEN, MICHAEL W In other words.
CHEN, MICHAEL W Important things, that is something else.
CHEN, MICHAEL W Not 94 or five.
CHEN, MICHAEL W We can see that the importer did a lot of homework
and very knowledgeable on the type of classification.
This at Electric Garden consists of of LED lights, a lot of artificial leaves,
and the wine.
CHEN, MICHAEL W It did appear to be similar in construction to the product
that we have reviewed.
CHEN, MICHAEL W Being said, let's go back to a couple slides
to refresh our memory.
CHEN, MICHAEL W If you go back.
CHEN, MICHAEL W Remember in the lighting floral.
CHEN, MICHAEL W Ballenger, in case the merchandise have below benches,
artificial flowers and everything lights plus a base CP headquarters classified
these light if floor robe avengement in heading 6913 using GR3C.
CHEN, MICHAEL W The last telephone heading number.
CHEN, MICHAEL W In the medical order.
CHEN, MICHAEL W Among the components of equal merit constellation.
CHEN, MICHAEL W In particular.
CHEN, MICHAEL W The material used in the LED 4 Leaf Garden looks like.
CHEN, MICHAEL W Those in the harvest.
CHEN, MICHAEL W Please in.
CHEN, MICHAEL W And you know 5468.
CHEN, MICHAEL W The harvest lifts was classified in.
CHEN, MICHAEL W Subheading 4602 nineteen 6000.
CHEN, MICHAEL W As other vehicle work.
CHEN, MICHAEL W That is.
CHEN, MICHAEL W By the claimants as the clay wines still low,
providing the underlying structure and providing decorative elements.
CHEN, MICHAEL W She uh.
I sleep, be noted.
CHEN, MICHAEL W Likewise, the lighted artificial trees shown here
in the slide.
CHEN, MICHAEL W I'm not classified, but I'd like to component.
CHEN, MICHAEL W And they are not classified in heading 9405.
CHEN, MICHAEL W In other words.
CHEN, MICHAEL W All the all these are classified as something else.
CHEN, MICHAEL W Yeah, I I I have put down the routing numbers
in the slide so that you can check into each of the rulings
and see how each of them.
CHEN, MICHAEL W Well, classified.
Ohh once classified.
CHEN, MICHAEL W Back to the importance proposed classification.
CHEN, MICHAEL W They put it argues that this item
is a composite good fitting the description of both an article
may of artificial foliage of heading 6702 and the lighting fitting
of heading 9405.
CHEN, MICHAEL W Important beliefs that this item should be classified.
CHEN, MICHAEL W In some heading 6702903500, based on the listening
of HQH 30534.
CHEN, MICHAEL W I'm sorry HQH 305354.
CHEN, MICHAEL W The qualification of the artificial trees.
CHEN, MICHAEL W TRICP noted.
CHEN, MICHAEL W The import of further stresses
that this item serves its function as a decorative autumn colon,
whether or not the LED lights are turned on.
CHEN, MICHAEL W I don't agree that's true.
CHEN, MICHAEL W We had to be soft.
It's I for the consultation here.
CHEN, MICHAEL W Gee, I need.
CHEN, MICHAEL W To be followed.
CHEN, MICHAEL W By hierarchy, IE TI, one first if GI 1 does not apply
then IQ then TI three so on so forth.
CHEN, MICHAEL W We cannot join the language GRID.
CHEN, MICHAEL W Without going through the order from the I-1.
CHEN, MICHAEL W Then.
CHEN, MICHAEL W We must begin with you.
I want.
Says again in in its potential part, that classification
shall be determined according to the terms of the heading
and any narrative section at chapter notes.
CHEN, MICHAEL W In order, in other words.
CHEN, MICHAEL W A product is classified by virtue
of being specifically named in the heading of some heading language
or section or chapter.
No language.
CHEN, MICHAEL W According your nominee.
CHEN, MICHAEL W Being said, let's look.
CHEN, MICHAEL W If this product is named.
CHEN, MICHAEL W All specifically provided for in Italian folk.
CHEN, MICHAEL W This picture on the slide shows they portion
of discrete shot.
When I googled the keyword electric Garland.
CHEN, MICHAEL W And let your garden was defined in headquarter ruling 963311
as an article able to be hanged or displayed and is composed of a string.
CHEN, MICHAEL W Off light bulbs.
CHEN, MICHAEL W Which are powered by an electrical source either attached by.
CHEN, MICHAEL W 8 battery, port or pluck.
CHEN, MICHAEL W The terms electrical.
CHEN, MICHAEL W Calling black string, string light lighting scent.
CHEN, MICHAEL W Are use enter.
CHEN, MICHAEL W Exchange in the changeable.
CHEN, MICHAEL W In other words.
CHEN, MICHAEL W They picked a name mean the same thing.
CHEN, MICHAEL W They all refer to the same high quality,
highly similar merchandise.
Ohh yeah, in commerce.
CHEN, MICHAEL W John, one in the beginning, part says.
CHEN, MICHAEL W For legal purposes.
CHEN, MICHAEL W Classification shall be determined according to the terms
of the headings.
CHEN, MICHAEL W Heading 9405 provides for lamps and lighting fittings
and parts thereof, not elsewhere, specific or included.
CHEN, MICHAEL W When we look.
CHEN, MICHAEL W At the description of heading 9405
and descriptions under the heading we do find herms.
CHEN, MICHAEL W Lighting sets in two places.
CHEN, MICHAEL W Subheading ninety 40530 provides for lighting set
of a client used for Christmas trees.
Obviously it does not apply here to the four leaf gardens.
However, I'm on the page something ninety 40540.
CHEN, MICHAEL W 8410 specifically provides for other lighting sets.
CHEN, MICHAEL W Gee, I want also directs us
to refer to the Lative section or chapter notes.
Ah.
CHEN, MICHAEL W As we mentioned on the previous slide, we do find them.
CHEN, MICHAEL W A term electric Collins in no one L to chapter 94.
CHEN, MICHAEL W In the pertinent part.
CHEN, MICHAEL W This no sense that decorations are excluded
from Chapter 94, but this declaration exclusion does not apply
to the electric current.
In other words, even electric gardens all.
CHEN, MICHAEL W All considered to be decorated articles.
CHEN, MICHAEL W They can still be classified in Chapter 94.
CHEN, MICHAEL W So.
CHEN, MICHAEL W If you be incorrect to say that
that let your colon is a declarative article
and therefore it cannot be classified in heading 9405.
CHEN, MICHAEL W We keep looking for anything that might be helpful
in that expanded exponentially notes.
CHEN, MICHAEL W They EN constitute the official interpretation
of the HTS US.
CHEN, MICHAEL W While not legally binding nor dispositive,
the ENS do provide a complementary on the scope of each heading
of the HTSUS and all.
CHEN, MICHAEL W Generally.
CHEN, MICHAEL W Indicative of the proper interpretation of these headings.
CHEN, MICHAEL W At the international level.
CHEN, MICHAEL W Yes, it is indeed helpful.
CHEN, MICHAEL W We find it turn electric gardens in the ENEN 3
to heading 9405 clearly tells us that heading knife 405 covers.
CHEN, MICHAEL W In particular, electric gardens.
CHEN, MICHAEL W If further class is further clarifies
that the electric columns that are fitted with fancy lamps or carnival.
CHEN, MICHAEL W And detainment purpose.
CHEN, MICHAEL W Off for decorating Christmas trees.
CHEN, MICHAEL W Are classified in heading 9405.
CHEN, MICHAEL W So after examined.
CHEN, MICHAEL W The heading subheading, chapter note.
CHEN, MICHAEL W Along with the explanatory notes, etcetera,
we find that the electric gardens.
CHEN, MICHAEL W Or, delighting sense or specifically provided for
in heading 9405.
CHEN, MICHAEL W Which party for lights and lighting fittings?
CHEN, MICHAEL W By the application of Tri one and then GI 6 again.
CHEN, MICHAEL W Yeah, I once she.
Oh, I six is 2.
CHEN, MICHAEL W Go over to your eyes or.
CHEN, MICHAEL W We have gone through a lot today.
CHEN, MICHAEL W So this page is to recap what we have gone over
so that you can remember some of them at least.
CHEN, MICHAEL W We have a brief overview on the RI to introduce
what they are and how they should be applied in the TARDIS classification.
We reviewed that classification of four products.
The first case is the portable light tower.
We explained that the generator set import the sense of character
and the class defied the portable light tower in handing 8502.
CHEN, MICHAEL W As the translator said, but application of TR 3B.
CHEN, MICHAEL W The second case is the speaker lamb.
We explained that the speaker and the Lambs are both interested.
CHEN, MICHAEL W To customer.
As a result, neither components import essential character of the goods.
CBP classified goods pursuant to TR I3C.
CHEN, MICHAEL W The third case is delighted floral arrangement,
which consists of materials in four different headings.
CHEN, MICHAEL W We conclude that.
CHEN, MICHAEL W The power LED may add.
CHEN, MICHAEL W The decorative appeal of the arrangement,
such as a complementary law, is not sufficient to impart the arrangement
with their essential calendar, however.
CHEN, MICHAEL W The presence or absence of.
CHEN, MICHAEL W The LED lights does not affect
whether the floral arrangement is identifiable as such.
Therefore remaining free components merely equal consideration.
The arrangement is classified by the ways.
CHEN, MICHAEL W In heading 6913.
CHEN, MICHAEL W As other ornamentals solamnic article by TR IVC.
CHEN, MICHAEL W The last case is the LED 4 Leaf garden.
CHEN, MICHAEL W Electric garden or lighting sets
or specifically provided for in heading 9405.
As such, the LED 4 Leaf Gardens is classified in heading 9405
as a lighting set by application of GRID one.
CHEN, MICHAEL W And then of course.
CHEN, MICHAEL W Classified 20 subheading headache.
CHEN, MICHAEL W Our level by TGI threes but you I 6.
CHEN, MICHAEL W We have finished the case study before we go.
I would like to share some of the useful links as listed in this slide.
I please take a note.
CHEN, MICHAEL W This is to you on this slide
is our office contact information.
CHEN, MICHAEL W A. Please contact me or Miss Milliam Destra
and Mr Ronald Parker for cousins.
CHEN, MICHAEL W If you have any.
CHEN, MICHAEL W OK, I'm going to open my check box for questions.
Please type in your questions for.
CHEN, MICHAEL W Me to answer.
CHEN, MICHAEL W For those questions that needs the search
or for more details and I'm not answer here.
CHEN, MICHAEL W Uh, please send me an e-mail after the presentation.
We will get back to you.
CHEN, MICHAEL W OK, let me see.
Look at the kebabs and see any questions.
CHEN, MICHAEL W Could you go back to?
CHEN, MICHAEL W Slide.
CHEN, MICHAEL W The links are OK.
CHEN, MICHAEL W OK, just the links.
CHEN, MICHAEL W But for now?
CHEN, MICHAEL W OK, I don't see.
CHEN, MICHAEL W From my checkbox anymore concerns again,
I'll send me an e-mail if you come up with questions later being said,
this is to conclude my presentation today.
Again, thank you very much for tuning in and have a nice day.