WEBVTT

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Good afternoon ladies and gentlemen my
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name is Lynn Banks from the U.S. Customs
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and Border Protection Office of Trade
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Relations. Thank you for joining us today
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for the chapter 95 Diving into Water
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Sports, Swimming Pool, and Fishing
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Equipment Webinar. Office of trades
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2023 education commodity specific webinar
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series. This webinar has expected
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duration of about one hour. We have a
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few housekeeping items. Everyone will
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be kept on mute during the presentation
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so that we can keep the line clear of
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background noise. If you have any
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questions or comments we invite you to
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type them into the chat box at any time
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during the presentation. We will answer
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as many questions as we can from the
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chat box at the end of the presentation.
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The CCS/ – – will be placed in the
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checkbox during the presentation so you
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can get that information from the chat
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box. Today's presenter is national
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import specialist Roseanne Murphy, over
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to you.>>
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Thank you, good afternoon everyone,
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welcome to today's webinar. I am
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national import specialist Roseanne
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Murphy, as NIS 44 I handle almost all of
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chapter 95 which includes toys, games,
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sports, and fairground amusements. I
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also cover bicycles and baby strollers,
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mannequins, musical instruments, and
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bells and gongs and the like. Today's
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webinar should be about an hour. I ask
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that you please hold your questions
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until the end and this way we may
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actually address them as we move through
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today's presentation. Of course
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questions regarding the classification
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of specific products should be sent in
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through our binding program. With this
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presentation today my goal is to provide
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you with some guidance and highlight
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some of the water sports equipment that
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is classified in chapter 95. Form to
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begin, please take a moment to look over
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the disclaimers. Just a reminder, this
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presentation is intended to provide
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guidance and promote the understanding
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of and compliance with importing laws and
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regulation. Is important to note that
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legislative and administrative reviews
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are always under consideration and can
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occur at any time. Information provided
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in this presentation should not be
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interpreted to indicate a certain result
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will occur in a particular situation.
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Please also note that all photographs
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and images contained within the
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presentation are public domain and are
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included solely to provide context for
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the content within. One of the ways we
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facilitate legitimate traders through the
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binding programs. As we all know many,
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located in factors involved in custom
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issues with that in mind an importer may
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wish to obtain a written decision issued
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by CDP that's legally binding in the
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agency and the importer. Today I'll be
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discussing the classification of certain
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water sport equipment swimming pools for
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check women and water rise all
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classified chapter 95. There are a lot
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of elements to consider when determining
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what kind of articles fall within
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Chapter 95. As we go along you'll
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notice many of my slides reference
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ruling numbers on court cases. I will
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not necessarily discuss each ruling or
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case and you may find that the rulings
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do not even pertain to the exact item
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picture or discussed on the slide but
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rather, are helpful and illustrating a
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concept. Basically I included the
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references for additional guidance.
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Let's start with some of the
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classification tools we rely on to
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properly classify goods. To achieve
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uniformity in the classification of
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goods, the harmonized schedule contains
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all the rules and provisions for
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classification. Summer legally binding,
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some merely advisory. Those
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classification tools that are legally
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binding are the general rules and
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interpretations, GRI, section notes,
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chapter notes and subheading notes as
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well as the terms of the headings at the
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four digit level and the subheadings at
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the six digit level. The explanatory
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notes are advisory in nature and serve as
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practical guidance in understanding the
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language of the tariff. Though not
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legally binding they provide commentary
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on the scope of each heading of the
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harmonized schedule and are the official
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interpretation of the tariff at the
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international level. Of course we will
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consider relevant court cases and
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precedent rulings for classification
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guidance. Moving on to the section
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chapter and subheading notes. When
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considering classification we rely on
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these notes to define the scope or
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limits of a particular heading or
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subheading. Is important to note that
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chapter 95 falls within section 20 which
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is miscellaneous manufactured articles
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and there are no section notes. Let's
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go over some of the legal notes for
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chapter 95 relevant to today's topic.
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Note 1 specifies for the chapter does
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not cover. I highlighted some of the
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notes that relate to today's
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presentation. For example, no one
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excludes records or gut and like and
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fishing cut to length but not made up
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into fishing lines, special articles of
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apparel. Marseilles for boats, sail
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boards or land grant. And no 21G also
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excludes sports footwear and headgear.
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More chapter notes also excluded by note
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1 sports vehicle other than slides and
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toboggans. And parts of general use as
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defined in note to ark section 15 also
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excluded. . More in note 1 exclusion
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sports craftsfts canoes and skips or
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means of propulsion. Spectacles and
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goggles and the like for sports and
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outdoor games and clubs are also
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excluded. You may recall that there were
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changes in 2022 which involve the
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addition of new chapter notes. The
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letters and numbers have changed
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slightly so my best advice is to always
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use the most up-to-date online version
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of the tariff. That week you won't miss
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anything. Moving past note one we will
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talk a little bit more about note 3
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which addresses parts of the
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accessories. Note 3 allows for parts
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and accessories of the articles of
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chapter 95 to become classified with
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those articles. Identifiable parts and
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accessories that are solely or
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principally used with articles of this
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chapter may be classified together and
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Chapter 95 provided they are not
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excluded articles by note 1 to the
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chapter. Here's a look at some of the
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standards we consider when making the
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determination as to whether an item meets
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the definition of a part. For an
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article to classified as a part it must
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be dedicated solely for use with the
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article. It might not be considered a
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part if it's a separate and distinct
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commercial entity. For an item to meet
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the definition of an accessory it must
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have a direct relationship with the
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article access arises. It's usually a
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secondary importance and essential to the
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intended function. Picking back up on
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the chapter notes, here's a big change
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for Chapter 95 which is the addition of
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note 6 which describes heading 9508 which
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has many breakouts which just went into
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effect. Basically this note tells us
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that for the purposes of heading 9508
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the expression and amusement park rides
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means a device or combination of devices
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or equipment that carry, convey, or
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direct people over or through a fixed or
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restricted course. Including
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watercourses. Or with defined area for
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the primary purpose of amusement or
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payment. These rides may be combined
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within an amusement park the park,
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waterpark or paragraph. Amusement park
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rides do not include equipment of kind
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commonly installed in residences or
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playgrounds. The expression waterpark
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amusements refused to devices or climate
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characterized by defined area involving
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water with no purpose filled path.
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Waterpark amusements only include
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equipment designed specifically for
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water parks and it's important to note
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that heading 9508 does not include
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equipment more specifically provided or
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elsewhere in the tariff schedule. How do
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we classify water sport equipment? We
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will begin with heading September 5,
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2006 which provides for articles and
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agreement for general physical exercise,
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gymnastics, athletics, other sports or
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outdoor games, not specified or included
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elsewhere in the chapter. Swimming
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pools and wading pools and parts and
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accessories thereof. Here's a snapshot
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of the subheadings for certain water
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sport equipment will be classified. As
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you can see, water skis, surfboards sail
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boards and other types of water sport
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equipment together with their parts and
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accessories be classified here in chapter
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95 specifically subheadings 950621
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395629. Is important to remember
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there's a wide range of merchandise
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classified in the heading and not
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everything related to a particular
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water sport or even sport for that
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matter is classifiable within this
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provision. As we move through today's
00:10:12.908 --> 00:10:15.654
webinar we will examine what types of
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goods are classified under the
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subheadings. As far as swimming pools
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and wading pools, they are classifiable
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in the subheading 9506.55 there's cases
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where certain goods used in the water
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have been classified in the other
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provision of heading 9506. Let's look
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at the explanatory notes of some of the
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commentary provided on the scope of
00:10:43.214 --> 00:10:48.734
heading September 5, 2006. As you note
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they inform and shape understanding of
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the scope of the heading and they do not
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necessarily restrict or expand the scope
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of the headings but rather they
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elaborate on the nature of goods falling
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within certain headings as well as the
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types of goods falling outside of the
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headings. As you can see, the language
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is for some of the water sport equipment
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which falls under heading September 5,
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2006. September 5, 2006. Swimming pools
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and paddling pools are also classified
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in heading 9506. The explanatory notes
00:11:51.332 --> 00:11:54.196
also provide guidance as to what goods
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are excluded from classification as
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well. These are consistent with legal
00:11:58.601 --> 00:12:04.420
note 1 chapter 95 sports clothes are
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excluded. Also excluded sports crafts
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such as Marine jets canoes and skips
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Providence and other goggles are also
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excluded. And by the way, and goggles
00:12:18.899 --> 00:12:31.077
are swim goggles. Breathing . Breathing
00:12:31.077 --> 00:12:36.618
appliances used with oxygen or
00:12:36.618 --> 00:12:41.694
compressed air bottles are commonly used
00:12:41.694 --> 00:12:46.861
in scuba diving also excluded. And no Q
00:12:46.861 --> 00:12:47.858
indicates activity pools and way poles
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designed for an amusement park rides or
00:12:49.377 --> 00:12:50.540
waterpark amusements which circulate
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water for amusement to facilitate a
00:12:56.842 --> 00:12:57.848
writer along a path or generate waves
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and currents cannot be classified in
00:12:59.345 --> 00:13:05.451
heading 9506 here's a few examples of
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some of the articles that fall within
00:13:06.448 --> 00:13:15.367
the scope of 9506. Here are some
00:13:15.367 --> 00:13:16.362
excluded from classifications of the
00:13:16.362 --> 00:13:24.736
heading. Let's head to heading 9507
00:13:24.736 --> 00:13:26.158
heading 9507 provides for fishing rods,
00:13:26.158 --> 00:13:28.459
fishhooks and other line fishing
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tackle. Fish landing nets and similar
00:13:33.610 --> 00:13:34.604
nets. Decoy birds and similar hunting
00:13:34.604 --> 00:13:39.164
or shooting equipment and parts and
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accessories thereof. Subheadings 9507 10
00:13:40.159 --> 00:13:44.664
through 20 applies through fishing rods
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and fishhooks and their parts and
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accessories. Subheading 9507.30 provides
00:13:54.282 --> 00:13:55.788
for fishing reels and their parts and
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accessories. Subheading 9507.90 provides
00:14:00.429 --> 00:14:04.825
for fishing equipment such as fishing
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casts or leaders and artificial baits
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and flies. Now let's take a closer look
00:14:07.772 --> 00:14:11.210
at the explanatory notes for heading
00:14:11.210 --> 00:14:13.050
9507 to get a more complete description
00:14:13.050 --> 00:14:14.059
of the goods that are classified within.
00:14:14.059 --> 00:14:21.602
You will note that the heading covers
00:14:21.602 --> 00:14:22.604
fishing rods, fishhooks, and other line
00:14:22.604 --> 00:14:24.118
fishing tackle as well as fish landing
00:14:24.118 --> 00:14:25.804
nets. According to the notes, the
00:14:25.804 --> 00:14:26.863
heading covers fishhooks of all kinds
00:14:26.863 --> 00:14:34.815
they can be with single or multiple
00:14:34.815 --> 00:14:35.817
barbs and various sizes. They are
00:14:35.817 --> 00:14:36.837
typically made of steel but can be made
00:14:36.837 --> 00:14:38.941
of other materials. The notes for the
00:14:38.941 --> 00:14:41.080
described fish landing nets and similar
00:14:41.080 --> 00:14:43.339
nets which usually consist of pocket
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like nuts of textile yard of cord mounted
00:14:47.828 --> 00:14:51.326
on a life-support and fixed to a handle.
00:14:51.326 --> 00:14:57.786
The notes also indicate that heading
00:14:57.786 --> 00:14:58.779
9507 also includes line fishing rods and
00:14:58.779 --> 00:15:00.291
tackle. Fishing rods can be of various
00:15:00.291 --> 00:15:01.464
sizes and material, they can be single
00:15:01.464 --> 00:15:08.291
piece or be jointed and note 3 advises
00:15:08.291 --> 00:15:09.319
that fishing tackle includes items such
00:15:09.319 --> 00:15:14.490
as reels and real mountings, artificial
00:15:14.490 --> 00:15:15.484
bait and hooks, spinning bait, mounted
00:15:15.484 --> 00:15:18.133
lines and cast, fishing floats including
00:15:18.133 --> 00:15:19.663
luminous floats, outline waving frames,
00:15:19.663 --> 00:15:24.461
striking places, mounting fishing rings,
00:15:24.461 --> 00:15:25.959
sinkers and fishing rod bells. It's
00:15:25.959 --> 00:15:27.549
important to note here that all the items
00:15:27.549 --> 00:15:29.070
described as fishing tackle are used to
00:15:29.070 --> 00:15:36.320
attach to fishing rods or reels. Also
00:15:36.320 --> 00:15:43.205
9507 excludes monofilament's, cords cut
00:15:43.205 --> 00:15:44.232
to length but not made to fishing lines
00:15:44.232 --> 00:15:47.635
as well as sports beds and other
00:15:47.635 --> 00:15:48.760
containers including fishing rod cases.
00:15:48.760 --> 00:15:54.735
Let's move on to heading 9508 where
00:15:54.735 --> 00:15:56.254
certain waterpark amusements are
00:15:56.254 --> 00:15:57.259
classified. As I mentioned earlier, this
00:15:57.259 --> 00:16:00.514
is all new. May have noticed that the
00:16:00.514 --> 00:16:04.494
language of the heading has been
00:16:04.494 --> 00:16:05.520
modified and expanded to include
00:16:05.520 --> 00:16:11.476
multiple subheadings. 9508 provides for
00:16:11.476 --> 00:16:12.504
traveling circuses and traveling
00:16:12.504 --> 00:16:15.258
menagerie's amusement park rides and
00:16:15.258 --> 00:16:16.282
waterpark rights, fairground amusements
00:16:16.282 --> 00:16:19.985
and parts and accessories thereof. You
00:16:19.985 --> 00:16:22.489
can see subheadings 9508.25 covers one
00:16:22.489 --> 00:16:27.117
arrives and subheading 9508.26 provides
00:16:27.117 --> 00:16:30.936
for waterpark amusements. We will take a
00:16:30.936 --> 00:16:33.267
look at the explanatory notes as a get
00:16:33.267 --> 00:16:42.348
to each specific subheading. I just
00:16:42.348 --> 00:16:43.845
want to point out here that waterpark
00:16:43.845 --> 00:16:44.854
amusements fall in the heading provided
00:16:44.854 --> 00:16:46.390
they comprise all the essential units
00:16:46.390 --> 00:16:51.524
required for their normal operation. The
00:16:51.524 --> 00:16:52.547
heading also includes auxiliary
00:16:52.547 --> 00:16:53.559
equipment provided it is presented with a
00:16:53.559 --> 00:16:57.004
component of the various amusements.
00:16:57.004 --> 00:17:00.757
Also, subject to the provisions of note
00:17:00.757 --> 00:17:01.955
1 to chapter 95 articles which are
00:17:01.955 --> 00:17:07.027
identifiable as designed solely or
00:17:07.027 --> 00:17:08.030
principally for use as parts and
00:17:08.030 --> 00:17:09.029
accessories of such amusements can still
00:17:09.029 --> 00:17:13.011
be classified here even if presented
00:17:13.011 --> 00:17:16.821
separately. Onto the water park rides
00:17:16.821 --> 00:17:24.451
and amusements. Subheading 9508.25
00:17:24.451 --> 00:17:29.410
provides for one arrives. According to
00:17:29.410 --> 00:17:31.216
the explanatory notes, water rights
00:17:31.216 --> 00:17:32.584
feature, a water circulating system which
00:17:32.584 --> 00:17:36.581
is used to mobilize or lubricate the
00:17:36.581 --> 00:17:39.827
riders transportation along a purposeful
00:17:39.827 --> 00:17:42.175
path where the action of the ride
00:17:42.175 --> 00:17:48.022
involves the possible and purposeful
00:17:48.022 --> 00:17:49.026
immersion of the riders body in whole or
00:17:49.026 --> 00:17:51.617
in part the water. These are different
00:17:51.617 --> 00:18:00.583
than waterpark amusements. The types of
00:18:00.583 --> 00:18:02.595
waterpark amusements classified in
00:18:02.595 --> 00:18:04.619
subheading 9508.26 characterized by
00:18:04.619 --> 00:18:08.610
defined area involving water but no
00:18:08.610 --> 00:18:10.686
purposeful pack. They might include
00:18:10.686 --> 00:18:13.596
slides, flammable aquatic plant
00:18:13.596 --> 00:18:14.628
structures, water sprays, fountains,
00:18:14.628 --> 00:18:21.373
wave action, leisure rivers and (word?).
00:18:21.373 --> 00:18:26.478
As I mentioned earlier, the ports of CBP
00:18:26.478 --> 00:18:28.208
through decisions and rulings have
00:18:28.208 --> 00:18:28.976
crafted a framework for the
00:18:28.976 --> 00:18:32.703
classification of merchandise in heading
00:18:32.703 --> 00:18:34.034
9506 so I want to highlight some of
00:18:34.034 --> 00:18:41.320
those cases. In this case the fathom
00:18:41.320 --> 00:18:42.320
case the court of international trade
00:18:42.320 --> 00:18:45.152
issued a decision regarding the
00:18:45.152 --> 00:18:47.787
classification of wetsuits and related
00:18:47.787 --> 00:18:48.793
articles including wetsuits shoes and
00:18:48.793 --> 00:18:52.470
wetsuit gloves. In that case the
00:18:52.470 --> 00:18:53.465
plaintiff argued that the wetsuits shoes
00:18:53.465 --> 00:18:59.282
and gloves constitutes sports equipment
00:18:59.282 --> 00:19:00.756
as they are used in the water sport
00:19:00.756 --> 00:19:01.795
activity of scuba diving and should be
00:19:01.795 --> 00:19:02.711
classified in heading 9506. The CIT
00:19:02.711 --> 00:19:06.296
concluded that the wetsuits work gardens
00:19:06.296 --> 00:19:09.711
because they were undeniably articles
00:19:09.711 --> 00:19:13.560
worn as an outer covering for the human
00:19:13.560 --> 00:19:14.577
body at a particular time. For example,
00:19:14.577 --> 00:19:17.270
while scuba diving. The CIT cited to
00:19:17.270 --> 00:19:22.344
chapter 95 notes one E1 G1 W which
00:19:22.344 --> 00:19:25.371
explicitly excludes sports clothing
00:19:25.371 --> 00:19:28.841
footwear and gloves. Issued a decision
00:19:28.841 --> 00:19:33.254
at the wetsuits and related articles
00:19:33.254 --> 00:19:34.800
although for use while engaging a water
00:19:34.800 --> 00:19:35.752
sport activity were not classifiable in
00:19:35.752 --> 00:19:38.270
chapter 95. Let's take a look at
00:19:38.270 --> 00:19:42.252
headquarters analysis for a similar
00:19:42.252 --> 00:19:46.680
product. This product was a subject of
00:19:46.680 --> 00:19:52.232
consideration. The item pictured is the
00:19:52.232 --> 00:19:55.785
wave record it's all wetsuit with fins
00:19:55.785 --> 00:20:00.004
designed to be used for body surfing.
00:20:00.004 --> 00:20:01.040
Basically the garment is tightly fitted
00:20:01.040 --> 00:20:02.723
one-piece longsleeve garment that
00:20:02.723 --> 00:20:10.906
extends from the neck to the midthigh
00:20:10.906 --> 00:20:11.925
with leg separations. Is constructed
00:20:11.925 --> 00:20:12.935
from three layer textile elimination
00:20:12.935 --> 00:20:14.595
with the center layer of neoprene and
00:20:14.595 --> 00:20:18.830
textile fabric on the inner and outer
00:20:18.830 --> 00:20:19.820
surfaces. There are 11 films or foam
00:20:19.820 --> 00:20:22.829
pads found on the garment. Was marketed
00:20:22.829 --> 00:20:25.597
as wave surfing gear designed to
00:20:25.597 --> 00:20:26.621
revolutionize the sport of body
00:20:26.621 --> 00:20:29.984
surfing. According to the product
00:20:29.984 --> 00:20:32.144
website the wave record was described as
00:20:32.144 --> 00:20:33.574
wearable technology that gives people at
00:20:33.574 --> 00:20:42.912
all levels of experience the ability to
00:20:42.912 --> 00:20:43.916
catch and carve up the waves. Because
00:20:43.916 --> 00:20:45.456
of its buoyancy the wave record was
00:20:45.456 --> 00:20:46.425
marketed as water sport gear that can
00:20:46.425 --> 00:20:47.409
dramatically shorten the body surfing
00:20:47.409 --> 00:20:48.979
learning curve for beginners and provide
00:20:48.979 --> 00:20:51.799
additional buoyancy to experienced body
00:20:51.799 --> 00:20:53.648
surfers which would enable them to stay
00:20:53.648 --> 00:20:57.638
in the water longer. Citing the Riddell
00:20:57.638 --> 00:21:03.698
case it claimed it should be classified
00:21:03.698 --> 00:21:05.235
in September 5, 2006 since the
00:21:05.235 --> 00:21:07.729
government contained a character
00:21:07.729 --> 00:21:09.194
transforming amount of material not
00:21:09.194 --> 00:21:16.214
ordinarily found in typical body covering
00:21:16.214 --> 00:21:17.711
clothing. That the 11 fins found of the
00:21:17.711 --> 00:21:18.709
body surfing suit transformed into a
00:21:18.709 --> 00:21:27.590
piece of sporting equipment akin to a
00:21:27.590 --> 00:21:29.054
surfboard paddleboard wakeboard or water
00:21:29.054 --> 00:21:30.061
skis. However, in their analysis,
00:21:30.061 --> 00:21:31.091
headquarters determined that the surfing
00:21:31.091 --> 00:21:32.553
suits construction did more than simply
00:21:32.553 --> 00:21:33.615
hold the fins in place headquarters
00:21:33.615 --> 00:21:35.946
determined it was complete suit with
00:21:35.946 --> 00:21:38.266
sewn-in families that covers the body
00:21:38.266 --> 00:21:44.736
for modesty and protection from the sun.
00:21:44.736 --> 00:21:52.275
In addition, the suit consisted of 75%
00:21:52.275 --> 00:21:53.312
neoprene with the fins and patting makeup
00:21:53.312 --> 00:21:54.919
only 25% of outer. Headquarters
00:21:54.919 --> 00:21:55.804
concluded that the amount of padding in
00:21:55.804 --> 00:21:57.925
the form of fins was not character
00:21:57.925 --> 00:22:02.668
transforming. With regard to the
00:22:02.668 --> 00:22:03.663
argument that the fins on the surfing
00:22:03.663 --> 00:22:05.335
suit transformed into a piece of sporting
00:22:05.335 --> 00:22:09.151
equipment headquarters stated that
00:22:09.151 --> 00:22:10.175
almost none of the articles listed in
00:22:10.175 --> 00:22:13.260
the explanatory notes are worn and few
00:22:13.260 --> 00:22:20.299
instances in the notes 9506 where the
00:22:20.299 --> 00:22:21.793
user would where the items but these
00:22:21.793 --> 00:22:22.793
items were almost exclusively protected
00:22:22.793 --> 00:22:25.041
in nature and worn in addition to
00:22:25.041 --> 00:22:31.579
apparel sport like some examples would
00:22:31.579 --> 00:22:32.553
be fencing masks, elbow and knee pads,
00:22:32.553 --> 00:22:36.065
shin guards, items like that. Upon
00:22:36.065 --> 00:22:37.557
review, headquarters concluded that the
00:22:37.557 --> 00:22:40.427
fins found on the body surfing suit were
00:22:40.427 --> 00:22:41.801
not akin to these example arrests and
00:22:41.801 --> 00:22:48.302
ruled that they do not transform the
00:22:48.302 --> 00:22:48.302
body surfing suit from payroll to water
00:22:48.302 --> 00:22:51.094
sport equipment and the wave record suit
00:22:51.094 --> 00:22:52.088
was classified in subheading 6113 which
00:22:52.088 --> 00:22:57.238
provides for other garments. Here's
00:22:57.238 --> 00:23:01.355
another court case that impacts the
00:23:01.355 --> 00:23:07.193
classification of goods and 9506. While
00:23:07.193 --> 00:23:08.215
the street surfing case address the
00:23:08.215 --> 00:23:09.212
issue of classification of wheeled toys
00:23:09.212 --> 00:23:15.895
and 9503 versus sporting agreement and
00:23:15.895 --> 00:23:16.926
9506 the court of international trade
00:23:16.926 --> 00:23:19.404
noted in their decision that an article
00:23:19.404 --> 00:23:22.193
that is not classifiable in other six
00:23:22.193 --> 00:23:25.794
digit subheadings of 9506 but which
00:23:25.794 --> 00:23:29.177
provides users with eating full exercise
00:23:29.177 --> 00:23:31.323
and reasonable degree of physical
00:23:31.323 --> 00:23:32.667
activity may be classified as other
00:23:32.667 --> 00:23:36.693
sports equipment under subheading
00:23:36.693 --> 00:23:41.058
9506.99. Let's look at another
00:23:41.058 --> 00:23:48.898
headquarters ruling. These products were
00:23:48.898 --> 00:23:55.693
also the subject of reconsideration.
00:23:55.693 --> 00:23:56.701
The two products pictured here are
00:23:56.701 --> 00:23:57.699
splash Island and Paradise peak which are
00:23:57.699 --> 00:23:59.562
plastic inflatable floats meant to
00:23:59.562 --> 00:24:01.837
facilitate physical recreation and column
00:24:01.837 --> 00:24:05.552
open waters. Splash Island resembles a
00:24:05.552 --> 00:24:09.074
trampoline and includes small inflatable
00:24:09.074 --> 00:24:12.839
extension platform that provides access
00:24:12.839 --> 00:24:13.852
for the jumper as well as seating area
00:24:13.852 --> 00:24:15.638
for second person. Paradise peak
00:24:15.638 --> 00:24:21.401
resembles a sliding pump. There are
00:24:21.401 --> 00:24:22.394
bolded steps on one side to prison to
00:24:22.394 --> 00:24:23.396
climb to the top and then slide down the
00:24:23.396 --> 00:24:48.836
other side. If these articles are
00:24:48.836 --> 00:24:50.722
classifiable under heading 9506 what
00:24:50.722 --> 00:24:58.835
would be the correct subheading? As far
00:24:58.835 --> 00:25:01.730
as classification of the heading level
00:25:01.730 --> 00:25:03.864
headquarters determined that the
00:25:03.864 --> 00:25:07.194
products were intended to facilitate
00:25:07.194 --> 00:25:08.966
physical recreation in the form of
00:25:08.966 --> 00:25:16.295
sports and outdoor games as described in
00:25:16.295 --> 00:25:17.296
the explanatory notes. Splash Island is
00:25:17.296 --> 00:25:18.807
intended for bouncing and serving as a
00:25:18.807 --> 00:25:21.604
platform to bounce and jump into water
00:25:21.604 --> 00:25:22.645
paradise peak is intended for climbing
00:25:22.645 --> 00:25:23.884
and sliding into water. While it might
00:25:23.884 --> 00:25:26.571
be possible to lounge upon these
00:25:26.571 --> 00:25:31.592
articles that is not the primary function
00:25:31.592 --> 00:25:33.119
nor would a consumer by such articles
00:25:33.119 --> 00:25:36.133
principally for this purpose.
00:25:36.133 --> 00:25:37.158
Headquarters determined that splash
00:25:37.158 --> 00:25:39.850
Island and Paradise peak are akin to
00:25:39.850 --> 00:25:40.878
outdoor play equipment. Even though
00:25:40.878 --> 00:25:46.588
they are for use in column open water
00:25:46.588 --> 00:25:48.086
and are classifiable in heading 9506.
00:25:48.086 --> 00:25:49.084
Headquarters also noted that based on the
00:25:49.084 --> 00:25:52.078
substantial construction of both
00:25:52.078 --> 00:25:58.464
products they are distinguishable from
00:25:58.464 --> 00:25:59.454
heading 9503. As it was established in
00:25:59.454 --> 00:26:01.824
the classification and the items under
00:26:01.824 --> 00:26:05.088
heading 9506 was appropriate next step
00:26:05.088 --> 00:26:06.639
in the conservation analysis was to
00:26:06.639 --> 00:26:07.992
determine the proper subheading under
00:26:07.992 --> 00:26:12.800
9506. In accordance with GRI six
00:26:12.800 --> 00:26:17.064
subheadings under consideration were
00:26:17.064 --> 00:26:18.094
9506.29 which provides for other water
00:26:18.094 --> 00:26:23.247
sport equipment 9506.91 which provides
00:26:23.247 --> 00:26:24.830
for other articles and equipment for
00:26:24.830 --> 00:26:27.112
general physical exercise gymnastics or
00:26:27.112 --> 00:26:31.240
athletics and 9506.99 which provides for
00:26:31.240 --> 00:26:33.362
other articles and equipment for sports
00:26:33.362 --> 00:26:36.572
and outdoor games. Headquarters
00:26:36.572 --> 00:26:40.015
determined that subheading 9506.29 was an
00:26:40.015 --> 00:26:43.233
applicable because both items are not
00:26:43.233 --> 00:26:53.889
water sport equipment because they are
00:26:53.889 --> 00:26:54.900
not used in the performance or
00:26:54.900 --> 00:26:55.928
achievement is similar sport and athletic
00:26:55.928 --> 00:27:00.313
water activities. It was also noted
00:27:00.313 --> 00:27:01.776
that subheading 9506.91 was inapplicable
00:27:01.776 --> 00:27:08.582
because the items are not articles of
00:27:08.582 --> 00:27:09.596
agreement for general physical and
00:27:09.596 --> 00:27:11.093
exercise gymnastics or athletics. With
00:27:11.093 --> 00:27:13.260
respect to splash Island, headquarters
00:27:13.260 --> 00:27:16.304
noted that while CBP has classified
00:27:16.304 --> 00:27:18.792
land-based trampolines for use for
00:27:18.792 --> 00:27:25.970
exercise or gymnastics under subheading
00:27:25.970 --> 00:27:27.468
9506.91 a trampoline type device that's
00:27:27.468 --> 00:27:28.463
principally used for bouncing and jumping
00:27:28.463 --> 00:27:33.006
into water is distinguishable. The same
00:27:33.006 --> 00:27:34.006
held true for paradise peak as climbing
00:27:34.006 --> 00:27:35.494
and sliding on column open water
00:27:35.494 --> 00:27:40.052
recreational in nature as a poster being
00:27:40.052 --> 00:27:41.074
for general physical exercise gymnastics
00:27:41.074 --> 00:27:53.340
or athletics. Because subheading 95 of
00:27:53.340 --> 00:27:54.844
6.29 and 9506.91 were inapplicable, the
00:27:54.844 --> 00:27:55.852
classification of splash Island and
00:27:55.852 --> 00:27:56.846
Paradise peak falls under the residual
00:27:56.846 --> 00:28:02.390
other provision in subheading 9506.99.
00:28:02.390 --> 00:28:03.428
Citing the street surfing case
00:28:03.428 --> 00:28:04.389
headquarters noted that an article which
00:28:04.389 --> 00:28:08.361
is not classifiable in the other six
00:28:08.361 --> 00:28:13.698
digit headings of 9506 but which
00:28:13.698 --> 00:28:14.686
provides users with meaningful exercise
00:28:14.686 --> 00:28:15.724
and reasonable grade of school activity
00:28:15.724 --> 00:28:18.532
might be classified as other sports
00:28:18.532 --> 00:28:24.024
government of the subheading 9506.99.
00:28:24.024 --> 00:28:26.519
Let's move on to a few examples and see
00:28:26.519 --> 00:28:32.114
what do you think. This is an
00:28:32.114 --> 00:28:37.304
interesting product. This is the
00:28:37.304 --> 00:28:38.299
hydraulic oil or E it was created with
00:28:38.299 --> 00:28:44.530
the intention of building a new sport.
00:28:44.530 --> 00:28:45.570
And has all water terrain capabilities
00:28:45.570 --> 00:28:48.100
and equipped with an electric only
00:28:48.100 --> 00:28:52.110
launch motor resistance and throttle
00:28:52.110 --> 00:28:53.607
override. It has dual batteries for up
00:28:53.607 --> 00:28:56.775
to four hours of ride time and top speed
00:28:56.775 --> 00:28:59.233
12 miles an hour. According to the
00:28:59.233 --> 00:29:04.674
information provided the variable
00:29:04.674 --> 00:29:06.171
electrics assessed motor is controlled
00:29:06.171 --> 00:29:11.576
by motors or pedal assessed which allows
00:29:11.576 --> 00:29:12.587
the user to effectively cycle between 10
00:29:12.587 --> 00:29:16.022
levels of water resistance. Motor
00:29:16.022 --> 00:29:17.050
assistance provides versatility for all
00:29:17.050 --> 00:29:18.046
fitness levels and the ability to allow
00:29:18.046 --> 00:29:23.837
an individual to choose the intensity of
00:29:23.837 --> 00:29:29.195
the right foods manual mode to pedal
00:29:29.195 --> 00:29:31.430
without motor assist or write or cost.
00:29:31.430 --> 00:29:33.750
With no peddling required. The
00:29:33.750 --> 00:29:36.490
hydraulic oil or is also equipped at the
00:29:36.490 --> 00:29:42.928
safety features such as propel crowd
00:29:42.928 --> 00:29:43.925
independent manual I don't drive and
00:29:43.925 --> 00:29:45.428
tilt sensors that cut power to the
00:29:45.428 --> 00:29:46.428
propeller when you fall. So what do you
00:29:46.428 --> 00:29:48.183
think? How would you classify this
00:29:48.183 --> 00:29:55.260
hydrofoil or E-bikes? Do you think it
00:29:55.260 --> 00:29:56.259
could be classified as water sport
00:29:56.259 --> 00:30:01.566
equipment or otherwise in heading 9506 or
00:30:01.566 --> 00:30:03.059
and E-bikes? Which would be classified
00:30:03.059 --> 00:30:07.373
in chapter 87 watercraft classifiable in
00:30:07.373 --> 00:30:11.595
chapter 89 if you don't mind you could
00:30:11.595 --> 00:30:12.466
type in the checkbox and let me know
00:30:12.466 --> 00:30:25.018
what do you think.
00:30:25.018 --> 00:30:42.001
You like. E-bikes.
00:30:42.001 --> 00:30:46.417
>> Do I lose my connection?
00:30:46.417 --> 00:30:51.043
>> We can still hear you.>>
00:30:51.043 --> 00:30:52.041
Okay, where did my slides go I don't see
00:30:52.041 --> 00:30:53.137
them?
00:30:53.137 --> 00:30:55.575
>> We see them on the screen.
00:30:55.575 --> 00:31:14.804
>> Really? I'm not seeing them. I just
00:31:14.804 --> 00:31:18.056
see my name with my initials.
00:31:18.056 --> 00:31:19.089
>> I wonder if you should stop sharing –
00:31:19.089 --> 00:31:19.808
–.>>
00:31:19.808 --> 00:31:22.096
I see it now. Sorry about that
00:31:22.096 --> 00:31:33.422
everyone. We have a few E-bike.
00:31:33.422 --> 00:31:37.260
Although the importer did not agree with
00:31:37.260 --> 00:31:38.754
our decision the product was classified
00:31:38.754 --> 00:31:43.863
in heading 8903.90 9.91 which provides
00:31:43.863 --> 00:31:44.844
for yachts and other vessels for pleasure
00:31:44.844 --> 00:31:52.036
or sports robots canoes other other
00:31:52.036 --> 00:31:53.042
other. The imported file for
00:31:53.042 --> 00:31:54.016
reconsideration placed on their view that
00:31:54.016 --> 00:31:59.713
the hydrofoil or should not e classified
00:31:59.713 --> 00:32:01.203
under heading 8903 because it does not
00:32:01.203 --> 00:32:02.374
have enough flotation to support a riders
00:32:02.374 --> 00:32:06.100
body weight while not propelling
00:32:06.100 --> 00:32:09.510
forward. They argued it doesn't have
00:32:09.510 --> 00:32:10.503
physical or water were the
00:32:10.503 --> 00:32:17.205
characteristics that escapes canoes and
00:32:17.205 --> 00:32:18.232
similar watercraft for champ bottoms and
00:32:18.232 --> 00:32:19.730
sides to keep water out and keep them
00:32:19.730 --> 00:32:20.704
afloat. The importer also stated that
00:32:20.704 --> 00:32:26.656
usage of the hydrofoiler requires some
00:32:26.656 --> 00:32:27.356
degree of skill and training, however, we
00:32:27.356 --> 00:32:30.386
know that this fact alone would not
00:32:30.386 --> 00:32:33.940
qualify the product to be classified
00:32:33.940 --> 00:32:34.966
under heading 9506. In reviewing the
00:32:34.966 --> 00:32:36.170
facts associated with the case
00:32:36.170 --> 00:32:41.554
headquarters noted that the hydrofoiler
00:32:41.554 --> 00:32:43.045
was akin to a bicycle, which is notably
00:32:43.045 --> 00:32:48.376
classified outside of heading 9506 and
00:32:48.376 --> 00:32:49.361
distinguishable from the water sport
00:32:49.361 --> 00:32:51.895
equipment described by the heading. In
00:32:51.895 --> 00:32:55.626
their analysis headquarters also
00:32:55.626 --> 00:32:56.662
considered not want you to chapter 95
00:32:56.662 --> 00:32:57.974
which excludes sports craft such as
00:32:57.974 --> 00:33:03.370
canoes and skiffs and contemplated that
00:33:03.370 --> 00:33:04.404
if the subject hydrofoil or is a sports
00:33:04.404 --> 00:33:05.894
craft like canoes and skips is excluded
00:33:05.894 --> 00:33:10.462
from classification in the heading. In
00:33:10.462 --> 00:33:14.247
addition to being excluded by notes 1Q
00:33:14.247 --> 00:33:20.006
headquarters also relied upon – – states
00:33:20.006 --> 00:33:21.502
the chapter does not cover sports
00:33:21.502 --> 00:33:23.088
vehicles. Once again noted there are no
00:33:23.088 --> 00:33:27.115
similar exemplars and explanatory notes
00:33:27.115 --> 00:33:31.276
for 9506 that would indicate the
00:33:31.276 --> 00:33:32.275
hydrofoil or is classified within the
00:33:32.275 --> 00:33:38.050
heading. In this case, the hydrofoil or
00:33:38.050 --> 00:33:39.046
hydrofoiler is a motorized watercraft
00:33:39.046 --> 00:33:40.542
designed and marketed as electrically
00:33:40.542 --> 00:33:42.970
engineered water the presence of a motor
00:33:42.970 --> 00:33:46.260
is indicative hat the item is generally
00:33:46.260 --> 00:33:49.073
not intended to be foot powdered and
00:33:49.073 --> 00:33:50.395
thereby lessening the need for user
00:33:50.395 --> 00:33:56.504
exertion. It also lessens the athletic
00:33:56.504 --> 00:33:58.010
skill or effort required to operate the
00:33:58.010 --> 00:33:59.956
product. As a result, and in accordance
00:33:59.956 --> 00:34:08.063
with the chapter otes one and and 1Q
00:34:08.063 --> 00:34:09.064
headquarters found the subject under
00:34:09.064 --> 00:34:11.278
control does not classified as an article
00:34:11.278 --> 00:34:12.376
general physical exercise or water sport
00:34:12.376 --> 00:34:14.859
equipment 9506. By application of DRI
00:34:14.859 --> 00:34:21.033
one and six the personal hydrofoil in
00:34:21.033 --> 00:34:31.912
the ruling was affirmed. Here we have a
00:34:31.912 --> 00:34:33.414
standup paddle board with accessories.
00:34:33.414 --> 00:34:36.743
It's designed to be used in the sport
00:34:36.743 --> 00:34:37.742
apparel boarding suitable for all ages
00:34:37.742 --> 00:34:45.823
and skill levels. The set includes
00:34:45.823 --> 00:34:48.330
paddleboard with structured deck set up
00:34:48.330 --> 00:34:51.961
for stability and drive. And adjustable
00:34:51.961 --> 00:34:55.908
standup paddle or panel. Also included
00:34:55.908 --> 00:34:58.235
the site is detachable seat that can be
00:34:58.235 --> 00:35:01.957
secured to the board with nylon straps
00:35:01.957 --> 00:35:02.954
which allows you to use the SEP which
00:35:02.954 --> 00:35:04.944
you would like you would use a kayak
00:35:04.944 --> 00:35:06.932
present how would you classify this
00:35:06.932 --> 00:35:08.445
product? Do you think it would be
00:35:08.445 --> 00:35:11.382
classified in heading 90 level success
00:35:11.382 --> 00:35:15.224
water sport equipment or is excluded by
00:35:15.224 --> 00:35:17.526
don't want to because it could be a
00:35:17.526 --> 00:35:22.686
kayak? What do you think you could type
00:35:22.686 --> 00:35:24.184
in the chat box and let me know what do
00:35:24.184 --> 00:35:42.046
you think. For this one all the items
00:35:42.046 --> 00:35:43.043
were packaged together for retail sale
00:35:43.043 --> 00:35:46.089
and considered to be a set for tariff
00:35:46.089 --> 00:35:49.328
purposes. The paddleboard imparts the
00:35:49.328 --> 00:35:52.455
essential character of the set so the
00:35:52.455 --> 00:35:53.606
set is classified as water sport
00:35:53.606 --> 00:36:00.933
agreement under subheading 9506.2900 80
00:36:00.933 --> 00:36:02.454
which provides for articles and
00:36:02.454 --> 00:36:06.860
equipment for general physical exercise
00:36:06.860 --> 00:36:07.884
gymnastics athletics other sports and
00:36:07.884 --> 00:36:10.117
parts and accessories there. Let's look
00:36:10.117 --> 00:36:17.257
at another one. . Here we have cocoa
00:36:17.257 --> 00:36:20.733
melon splash pad which is approximately
00:36:20.733 --> 00:36:22.261
45 inches in diameter and two inches
00:36:22.261 --> 00:36:25.347
deep. The splash pad features of 360
00:36:25.347 --> 00:36:28.767
degrees sprinkler when connected to any
00:36:28.767 --> 00:36:31.914
standard water hose. The sprinkler
00:36:31.914 --> 00:36:35.346
chamber is on the rim of the splash pads
00:36:35.346 --> 00:36:36.363
and sprays water upwards and inwards.
00:36:36.363 --> 00:36:42.104
The primary design function is to
00:36:42.104 --> 00:36:43.101
create a constant sprinkler flow that
00:36:43.101 --> 00:36:44.147
allows the pads to collect enough water
00:36:44.147 --> 00:36:45.657
for splashing when children actively
00:36:45.657 --> 00:36:48.888
play on the pads. Was in use with play
00:36:48.888 --> 00:36:52.754
activity the water is spelled over the
00:36:52.754 --> 00:36:53.329
soft pliable sidewall of the play Max.
00:36:53.329 --> 00:36:55.767
The size and base soft PVC and collapse
00:36:55.767 --> 00:36:57.980
when stepped on, minimizing water
00:36:57.980 --> 00:37:02.766
retention. When in use the accumulated
00:37:02.766 --> 00:37:05.137
water will reach approximately one inch
00:37:05.137 --> 00:37:06.118
deep or less, enough to support
00:37:06.118 --> 00:37:09.694
splashing activity. Without a water
00:37:09.694 --> 00:37:12.198
supply, the pads deflate flatten and do
00:37:12.198 --> 00:37:14.940
not retain water. What do you think it
00:37:14.940 --> 00:37:16.095
would this be a chapter 95 wading pool
00:37:16.095 --> 00:37:18.617
for kids? Which would be classifiable
00:37:18.617 --> 00:37:38.511
in heading 9506? I'm trying to get to
00:37:38.511 --> 00:37:57.653
the chapter. 95, 95 – – 9506. Okay so
00:37:57.653 --> 00:38:03.643
for this one , sorry I'm trying to
00:38:03.643 --> 00:38:09.629
scroll through the chat. 9503. Very
00:38:09.629 --> 00:38:17.715
good. This one was actually classified
00:38:17.715 --> 00:38:23.969
as a toy because the splash pad did not
00:38:23.969 --> 00:38:25.462
have the ability to retain water and
00:38:25.462 --> 00:38:29.189
could not really be used without constant
00:38:29.189 --> 00:38:30.687
water supply the cocoa melon splash pad
00:38:30.687 --> 00:38:40.397
was classified as a toy 9503.0 0.0071.
00:38:40.397 --> 00:38:41.424
Let's look at wading pools for a
00:38:41.424 --> 00:38:47.359
moment. Generally speaking a wading pool
00:38:47.359 --> 00:38:48.361
refers to a shallow pool having a
00:38:48.361 --> 00:38:50.237
maximum depth of 24 inches and intended
00:38:50.237 --> 00:38:54.391
for children to play. We know that the
00:38:54.391 --> 00:38:55.671
term wading pool is not defined in the
00:38:55.671 --> 00:39:00.380
tariffs or explanatory notes so when
00:39:00.380 --> 00:39:01.917
terms are not defined in the tariff the
00:39:01.917 --> 00:39:06.217
courts and CVP construed statutorily
00:39:06.217 --> 00:39:07.311
undefined terms in accordance with their
00:39:07.311 --> 00:39:08.214
common and proverbial meeting which is
00:39:08.214 --> 00:39:12.882
presumed to be the same. Lectionary
00:39:12.882 --> 00:39:14.407
defines a wading pool as a shallow pool
00:39:14.407 --> 00:39:18.207
usually used by children to plan to stop
00:39:18.207 --> 00:39:19.239
Merriam-Webster states the definition of
00:39:19.239 --> 00:39:22.215
a wading pool as a shallow pool portable
00:39:22.215 --> 00:39:25.514
or permanent construction used by
00:39:25.514 --> 00:39:45.209
children waiting. Although we recognize
00:39:45.209 --> 00:39:46.673
the obvious play value associated with
00:39:46.673 --> 00:39:47.703
certain wading pools. Swimming pools and
00:39:47.703 --> 00:39:49.204
wading pools are specifically provided
00:39:49.204 --> 00:39:50.179
for in 9506.90 9.5500. For
00:39:50.179 --> 00:39:51.193
classification purposes we examine each
00:39:51.193 --> 00:39:56.497
circumstance and whether the product
00:39:56.497 --> 00:39:57.476
will be principally used in a manner
00:39:57.476 --> 00:39:58.457
consistent with wading pools which is to
00:39:58.457 --> 00:39:59.456
serve as a shallow pool used by children
00:39:59.456 --> 00:40:13.278
for wading. in researching the content
00:40:13.278 --> 00:40:14.287
for this presentation I came across this
00:40:14.287 --> 00:40:19.829
product. Apparently filling up various
00:40:19.829 --> 00:40:22.844
receptacles with water and calling it a
00:40:22.844 --> 00:40:24.341
pool is a thing enjoyed during the
00:40:24.341 --> 00:40:26.049
summertime. This appears to be plastic
00:40:26.049 --> 00:40:27.555
sheeting that has been worked so it
00:40:27.555 --> 00:40:33.851
could form a pool in a truck bed. It
00:40:33.851 --> 00:40:34.974
does not appear to be inflatable. Is
00:40:34.974 --> 00:40:35.870
sort of like an elastic liner that
00:40:35.870 --> 00:40:38.713
conforms to the shape of the truck bed.
00:40:38.713 --> 00:40:51.421
Any thoughts on this? Article plastic.
00:40:51.421 --> 00:40:57.247
I'm seeing that a lot. That would be
00:40:57.247 --> 00:40:59.966
my guess too. I really can't confirm but
00:40:59.966 --> 00:41:03.908
I can tell you that based on my review,
00:41:03.908 --> 00:41:04.961
this product is not akin to swimming
00:41:04.961 --> 00:41:09.005
pools, with wading pools or water sport
00:41:09.005 --> 00:41:10.881
equipment, classifiable in chapter 95. I
00:41:10.881 --> 00:41:13.995
would agree with that. Will move on to
00:41:13.995 --> 00:41:22.203
our last example. e. This item in
00:41:22.203 --> 00:41:26.143
question is a tippet holder which is used
00:41:26.143 --> 00:41:29.675
to organize uphold and dispense tippet
00:41:29.675 --> 00:41:30.668
material for flyfishing and other
00:41:30.668 --> 00:41:33.787
application. Other fishing application.
00:41:33.787 --> 00:41:37.457
The item has expose of tippet to
00:41:37.457 --> 00:41:39.763
fishing boat or onto the straps of
00:41:39.763 --> 00:41:42.201
efficient anglers bagger Vance. Tippet
00:41:42.201 --> 00:41:49.106
is a specific gauge of monofilament line
00:41:49.106 --> 00:41:50.106
that's used by flyfishing angler many
00:41:50.106 --> 00:41:52.247
times per outing to adjust to changing
00:41:52.247 --> 00:41:54.869
conditions. This is a U-shaped round
00:41:54.869 --> 00:41:58.641
made of anodized aluminum holds up to
00:41:58.641 --> 00:42:06.195
six tippet schools on a spring-loaded
00:42:06.195 --> 00:42:07.201
bar. Has both predrilled holes for
00:42:07.201 --> 00:42:08.267
securing the holder to a fishing boat
00:42:08.267 --> 00:42:09.712
and elongated cutouts to mount on the
00:42:09.712 --> 00:42:15.679
straps of a fishing bagger Vance. This
00:42:15.679 --> 00:42:17.175
amount allows for convenient dispensing
00:42:17.175 --> 00:42:20.595
so the angler can quickly and easily
00:42:20.595 --> 00:42:21.621
move – remove lengths of material of the
00:42:21.621 --> 00:42:23.133
two principles as needed. Would this be
00:42:23.133 --> 00:42:25.189
fishing equipment, classifiable in
00:42:25.189 --> 00:42:41.358
heading 9507? I'm getting a lot of
00:42:41.358 --> 00:42:48.477
yeses. Actually the answer is no. This
00:42:48.477 --> 00:42:52.900
product was not classified in heading
00:42:52.900 --> 00:42:56.241
€95.07. You might recall chapter 95
00:42:56.241 --> 00:43:03.813
note 1 expressly excluded monofilament
00:43:03.813 --> 00:43:04.814
whether or not cut to length it was
00:43:04.814 --> 00:43:05.813
expressly excluded from note 1C.
00:43:05.813 --> 00:43:07.072
Likewise, the classification of
00:43:07.072 --> 00:43:09.291
accessories for the monofilament in
00:43:09.291 --> 00:43:14.817
chapter 95 would also be precluded. In
00:43:14.817 --> 00:43:20.564
addition, we did look at the exemplars
00:43:20.564 --> 00:43:21.561
in the explanatory notes as fishing
00:43:21.561 --> 00:43:24.397
tackle and it didn't meet the terms of
00:43:24.397 --> 00:43:26.927
the heading there either. Because the
00:43:26.927 --> 00:43:28.762
aluminum tippet holder functions to
00:43:28.762 --> 00:43:42.156
spools of tippet to a fishing boat and
00:43:42.156 --> 00:43:43.162
fell into it met the terms of subheading
00:43:43.162 --> 00:43:44.665
80 302-4960 55 which provides for base
00:43:44.665 --> 00:43:45.662
mounting spendings and similar articles.
00:43:45.662 --> 00:43:49.975
So that was not classifiable. That
00:43:49.975 --> 00:43:55.063
concludes my presentation for today. I'm
00:43:55.063 --> 00:43:56.107
going to try to run through the checkbox
00:43:56.107 --> 00:43:58.515
here and see if we have any questions
00:43:58.515 --> 00:43:59.519
now is good time to type them in if you
00:43:59.519 --> 00:44:09.473
have questions.
00:44:09.473 --> 00:44:10.485
>> There was a request for you to show
00:44:10.485 --> 00:44:20.441
slide 38 again, 31 and 38 both.
00:44:20.441 --> 00:44:25.414
>> I can go to 31 first. Was there a
00:44:25.414 --> 00:44:34.416
specific question on slide 31?
00:44:34.416 --> 00:44:37.951
>> Just to show the slides.>>
00:44:37.951 --> 00:44:42.939
Okay, no worries.
00:44:42.939 --> 00:44:46.944
>> I hope I got the slide right. That's
00:44:46.944 --> 00:44:50.623
actually a picture of the tariffs to
00:44:50.623 --> 00:44:52.315
probably just looking that one up if you
00:44:52.315 --> 00:45:10.007
needed. Okay. So this is 31 I also see
00:45:10.007 --> 00:45:22.234
slide 25 and 28 let's go to slide 25.
00:45:22.234 --> 00:45:26.449
Okay. This is straight from the
00:45:26.449 --> 00:45:42.271
explanatory notes. I also see one for
00:45:42.271 --> 00:45:43.267
24. I'm going to go back there I go too
00:45:43.267 --> 00:46:25.591
fast. I'm gonna go forward again now.
00:46:25.591 --> 00:46:28.114
Start over again from page 1.
00:46:28.114 --> 00:46:35.872
>> I'm sure that was a joke.
00:46:35.872 --> 00:46:37.392
>> A lot of my material this year was
00:46:37.392 --> 00:46:39.984
strictly from the tariff and explanatory
00:46:39.984 --> 00:46:51.151
notes. Matt has a question also. I see
00:46:51.151 --> 00:46:52.175
regarding the splash pad did you say it
00:46:52.175 --> 00:46:53.605
was 9503 and not 9506.99 could I advise
00:46:53.605 --> 00:46:58.446
why that would not be 9506? The splash
00:46:58.446 --> 00:47:04.801
pad was intended if you may recall that
00:47:04.801 --> 00:47:10.181
it was not able to retain any border
00:47:10.181 --> 00:47:13.744
whatsoever. We know it was considered a
00:47:13.744 --> 00:47:14.436
swimming pool or wading pool but why it
00:47:14.436 --> 00:47:25.995
was not why it was not considered it was
00:47:25.995 --> 00:47:27.487
more of a toy it was like a slip and
00:47:27.487 --> 00:47:32.823
slide. To support play activity. And
00:47:32.823 --> 00:47:37.729
splashing activity it wasn't to support
00:47:37.729 --> 00:47:50.263
general physical exercise. Monofilament
00:47:50.263 --> 00:47:53.328
line is not covered under 9507 but yet
00:47:53.328 --> 00:47:56.661
covers fishing line. Specific with the
00:47:56.661 --> 00:48:02.013
fishing when you look at the chapter
00:48:02.013 --> 00:48:07.094
note chapter 95 no one it excludes
00:48:07.094 --> 00:48:29.063
monofilament line. Clean monofilament
00:48:29.063 --> 00:48:41.838
is excluded. I can get back to you on
00:48:41.838 --> 00:48:44.856
that one. I will follow-up with a more
00:48:44.856 --> 00:48:51.468
complete answer on that one. Wading
00:48:51.468 --> 00:48:53.438
pools the maximum depth 24 inches as
00:48:53.438 --> 00:48:59.877
legal requirement as outlined, key.Is
00:48:59.877 --> 00:49:00.867
not outlined. When tariff terms are not
00:49:00.867 --> 00:49:09.349
defined, we consult, dictionaries and we
00:49:09.349 --> 00:49:13.674
use that as guidance. When it comes to
00:49:13.674 --> 00:49:19.661
wading pools we look at whether or not
00:49:19.661 --> 00:49:20.689
they can retain water which would be the
00:49:20.689 --> 00:49:21.872
difference between the splash pad and an
00:49:21.872 --> 00:49:26.362
actual wading pool. We don't have a
00:49:26.362 --> 00:49:30.253
hard and fast legal requirement so people
00:49:30.253 --> 00:49:31.318
can handle every product on a
00:49:31.318 --> 00:49:37.392
case-by-case basis. Whatever slides do I
00:49:37.392 --> 00:49:52.128
need to get back to? If there are no
00:49:52.128 --> 00:50:00.029
questions I didn't get to today, I'm
00:50:00.029 --> 00:50:01.024
making you dizzy doing this I apologize.
00:50:01.024 --> 00:50:06.135
There's my contact information. Any
00:50:06.135 --> 00:50:07.145
questions I didn't get to please feel
00:50:07.145 --> 00:50:16.395
free to email us . And we can get back
00:50:16.395 --> 00:50:17.470
to you. I would like to just say thank
00:50:17.470 --> 00:50:19.333
you all for attending today's
00:50:19.333 --> 00:50:22.377
presentation and I would like to thank
00:50:22.377 --> 00:50:30.280
especially our technical host, thank you
00:50:30.280 --> 00:50:31.776
for your attention today. That
00:50:31.776 --> 00:50:33.097
concludes our presentation for the day.
00:50:33.097 --> 00:50:33.780
Thank you.
00:50:33.780 --> 00:50:38.191
>> And Cumis Murphy. Thank you everyone
00:50:38.191 --> 00:50:39.032
for joining us today. We hope you found
00:50:39.032 --> 00:50:43.433
today's webinar informative. The
00:50:43.433 --> 00:50:46.187
CCS/CES credit completion code has been
00:50:46.187 --> 00:50:48.368
placed in the checkbox and today's
00:50:48.368 --> 00:50:54.014
webinar will be posted on CBP.gov under
00:50:54.014 --> 00:50:55.112
trade outreach webinars in the coming
00:50:55.112 --> 00:50:58.721
weeks and that link has also been placed
00:50:58.721 --> 00:50:59.720
in the checkbox for you. This concludes

00:51:01.639 --> 00:51:01.639
everyone, thank you.