WEBVTT 00:00:01.000 --> 00:00:02.613 >> Good afternoon, Ladies and 00:00:02.613 --> 00:00:04.891 Gentlemen, my name is Lynn banks from 00:00:04.891 --> 00:00:06.428 the Office of Trade relations. Thank you 00:00:06.428 --> 00:00:08.767 for joining us today for the hygienic 00:00:08.767 --> 00:00:11.802 and toilet articles of plastic and 00:00:11.802 --> 00:00:13.842 ceramic toilet articles webinar. 00:00:13.842 --> 00:00:20.338 The webinar is part of the 2023 00:00:20.338 --> 00:00:21.392 educations commodity specific webinar 00:00:21.392 --> 00:00:24.110 series, and we have an expected duration 00:00:24.110 --> 00:00:25.560 of up to one hour today. 00:00:25.560 --> 00:00:27.486 We have a few housekeeping rules. 00:00:27.486 --> 00:00:30.366 Everyone will be kept on mute during the 00:00:30.366 --> 00:00:31.735 presentation so that we can keep the 00:00:31.735 --> 00:00:33.892 line clear of any background noise. If 00:00:33.892 --> 00:00:35.901 you have any questions or comments, we 00:00:35.901 --> 00:00:38.016 invite you to type them into the chat 00:00:38.016 --> 00:00:40.429 box at any time throughout the 00:00:40.429 --> 00:00:40.430 presentation. 00:00:40.430 --> 00:00:42.493 We will answer as many questions as we 00:00:42.493 --> 00:00:46.337 can from the chat box at the end of the 00:00:46.337 --> 00:00:48.208 presentation. The continuing education 00:00:48.208 --> 00:00:50.649 credit code will be placed in the chat 00:00:50.649 --> 00:00:52.716 box throughout the presentation, so you 00:00:52.716 --> 00:00:54.495 can grab it there. 00:00:54.495 --> 00:00:58.520 Today's presenter is national import 00:00:58.520 --> 00:01:00.736 specialist Dana Giammanco. Ms. 00:01:00.736 --> 00:01:05.615 Giammanco, over to you. 00:01:05.615 --> 00:01:06.865 >> DANA GIAMMANCO: Good morning, good 00:01:06.865 --> 00:01:12.492 afternoon, I'm Dana Giammanco, I am the 00:01:12.492 --> 00:01:15.494 NIS assigned to hygienic or toilet 00:01:15.494 --> 00:01:18.027 articles of plastic and ceramic toilet 00:01:18.027 --> 00:01:19.143 articles. Please hold your questions till 00:01:19.143 --> 00:01:20.743 the end of the presentation. If I cannot 00:01:20.743 --> 00:01:22.248 get to your questions during this 00:01:22.248 --> 00:01:33.427 presentation, you can email me at 00:01:33.427 --> 00:01:34.267 Dana.L.Giammanco at CBP.dhs.gov. Here is 00:01:34.267 --> 00:01:36.934 our mission statement. Please take a 00:01:36.934 --> 00:01:37.207 moment to read. 00:01:37.207 --> 00:01:41.275 [Pause]@ at CBP.dhs.gov. Here is our 00:01:41.275 --> 00:01:41.276 mission statement. Please take a moment to read. 00:01:41.276 --> 00:01:41.803 [Pause]at CBP.dhs.gov. Here is our 00:01:41.803 --> 00:01:41.804 mission statement. Please take a moment to read. 00:01:41.804 --> 00:01:41.954 [Pause]t CBP.dhs.gov. Here is our mission 00:01:41.954 --> 00:01:41.955 statement. Please take a moment to read. 00:01:41.955 --> 00:01:42.210 [Pause] 00:01:42.210 --> 00:01:42.212 CBP.dhs.gov. Here is our mission statement. Please take a moment to read. 00:01:42.212 --> 00:01:42.618 [Pause]Dana.L.Giammanco@CBP.dhs.gov. 00:01:42.618 --> 00:01:42.620 Here is our mission statement. 00:01:42.620 --> 00:01:42.623 Please take a moment to read. 00:01:42.623 --> 00:01:52.813 [Pause]. 00:01:52.813 --> 00:01:56.327 Here is our first disclaimer.Please 00:01:56.327 --> 00:01:56.586 take a minute to read. 00:01:56.586 --> 00:02:21.900 [Pause]. 00:02:21.900 --> 00:02:31.175 Audio/visual immediate, including 00:02:31.175 --> 00:02:33.582 audio, video and sound has copyright 00:02:33.582 --> 00:02:35.299 license and is provided solely for the 00:02:35.299 --> 00:02:38.405 content provided. The audio/visual media 00:02:38.405 --> 00:02:40.656 is provided for educational purposes 00:02:40.656 --> 00:02:42.360 only and does not represent an 00:02:42.360 --> 00:02:45.992 endorsement or approval by CBP of any 00:02:45.992 --> 00:02:48.433 creators of products. Further copy and 00:02:48.433 --> 00:02:50.214 distribution of any copyrighted 00:02:50.214 --> 00:02:52.682 materials contained in a webinar may 00:02:52.682 --> 00:02:57.214 require permission from the original 00:02:57.214 --> 00:02:57.215 creator. 00:02:57.215 --> 00:02:59.673 Because many complicated factors can 00:02:59.673 --> 00:03:02.308 be involved in customs issues, an 00:03:02.308 --> 00:03:04.178 importer may wish to obtain a binding 00:03:04.178 --> 00:03:07.341 ruling under the regulations of U.S. 00:03:07.341 --> 00:03:12.152 Customs and Border Protection, 19 CFR 00:03:12.152 --> 00:03:14.655 Part 177 or, may wish to obtain advice 00:03:14.655 --> 00:03:20.699 from an expert who specializes in 00:03:20.699 --> 00:03:22.560 customs broker reason such as a licensed 00:03:22.560 --> 00:03:24.488 customs broker, attorney, or consultant. 00:03:24.488 --> 00:03:28.218 Here is our web address for binding 00:03:28.218 --> 00:03:28.219 rulings. 00:03:28.219 --> 00:03:31.682 Headings 3924, articles of plastics, 00:03:31.682 --> 00:03:35.998 and 6911 and 6912 ceramic articles are 00:03:35.998 --> 00:03:41.542 considered household articles or of a 00:03:41.542 --> 00:03:44.531 class or kind of goods that may be used 00:03:44.531 --> 00:03:46.459 in or around the home, hotels, 00:03:46.459 --> 00:03:51.957 restaurants, boarding houses, hospitals, 00:03:51.957 --> 00:03:58.520 canteens, Barricks, et cetera. They are 00:03:58.520 --> 00:04:00.748 utilitarian articles rather than merely 00:04:00.748 --> 00:04:01.998 decorative articles. 00:04:01.998 --> 00:04:04.619 However, utilitarian articles, even if 00:04:04.619 --> 00:04:07.154 highly ornamented, remain classified in 00:04:07.154 --> 00:04:09.896 the household headings. The decorative 00:04:09.896 --> 00:04:14.709 article must serve a useful purpose. 00:04:14.709 --> 00:04:16.653 Utilitarian meaning they are designed 00:04:16.653 --> 00:04:19.278 to be useful and practical rather than 00:04:19.278 --> 00:04:22.053 decorative. The declaration is usually 00:04:22.053 --> 00:04:25.184 secondary so as not to impair the 00:04:25.184 --> 00:04:25.185 usefulness. 00:04:25.185 --> 00:04:27.766 They are functional items used in or 00:04:27.766 --> 00:04:30.811 around the home. For example, an iron 00:04:30.811 --> 00:04:34.368 bird feeder painted with floral designs 00:04:34.368 --> 00:04:36.769 with glass elements. The primary purpose 00:04:36.769 --> 00:04:39.361 of the bird feeder is to feed birds. The 00:04:39.361 --> 00:04:41.803 declarations of the floral designs and 00:04:41.803 --> 00:04:44.306 glass elements is secondary. On the 00:04:44.306 --> 00:04:46.560 other hand, if the usefulness of the 00:04:46.560 --> 00:04:49.649 article is clearly subordinate to its 00:04:49.649 --> 00:04:52.124 ornamental design, it is classified in 00:04:52.124 --> 00:04:53.800 another heading in the tariff. 00:04:53.800 --> 00:04:57.270 For example, miniature kitchen 00:04:57.270 --> 00:05:01.959 utensils and Nick knacks for shelves or 00:05:01.959 --> 00:05:05.307 domestic display cabinets. They have no 00:05:05.307 --> 00:05:09.026 genuine utility value. They are 00:05:09.026 --> 00:05:11.469 genuinely decorative and classified in 00:05:11.469 --> 00:05:16.656 the tariff. They are under 3924, 6911, 00:05:16.656 --> 00:05:19.553 and 69 twrefl is reusable items used for 00:05:19.553 --> 00:05:23.563 repetitive household use. 00:05:23.563 --> 00:05:26.244 Definition of hygiene and hygienic. 00:05:26.244 --> 00:05:28.894 To determine what hygienic is, we 00:05:28.894 --> 00:05:30.720 first need to understand the definition 00:05:30.720 --> 00:05:34.746 of the word hygiene. Webster's new world 00:05:34.746 --> 00:05:37.085 dictionary definition. High Ghosn is 00:05:37.085 --> 00:05:39.019 defined as a science of the 00:05:39.019 --> 00:05:41.656 establishment and maintenance of health, 00:05:41.656 --> 00:05:44.248 conditions or practices as of 00:05:44.248 --> 00:05:46.910 cleanliness, conducive to health. 00:05:46.910 --> 00:05:51.871 Hygienic is designed as of relating to 00:05:51.871 --> 00:05:56.050 hygiene, having or showing good hygiene. 00:05:56.050 --> 00:05:56.051 00:05:56.051 --> 00:06:00.120 Definition of toilet and toiletry 00:06:00.120 --> 00:06:01.580 articles. To determine what a toilet 00:06:01.580 --> 00:06:03.897 article is, we first need to understand 00:06:03.897 --> 00:06:07.123 the definition of the word toilet. 00:06:07.123 --> 00:06:09.874 Webster's new world dictionary 00:06:09.874 --> 00:06:12.470 definition, a toilet is designed as the 00:06:12.470 --> 00:06:14.872 act or process of dressing, the process 00:06:14.872 --> 00:06:17.555 of washing, grooming, and arranging one 00:06:17.555 --> 00:06:21.964 self for the day's activities or for a 00:06:21.964 --> 00:06:22.587 special occasion. 00:06:22.587 --> 00:06:25.686 Toiletry is defined as an article or 00:06:25.686 --> 00:06:30.770 preparation used in cleaning or grooming 00:06:30.770 --> 00:06:33.747 one self. 00:06:33.747 --> 00:06:38.528 Explanatory notes for 30.24, hygienic 00:06:38.528 --> 00:06:40.803 and toilet articles of plastics. 00:06:40.803 --> 00:06:42.586 Hygienic and toilet articles, whether 00:06:42.586 --> 00:06:47.092 for domestic or nondomestic use, such as 00:06:47.092 --> 00:06:51.055 toilet sets, ewers, bowls, et cetera, 00:06:51.055 --> 00:07:04.147 sanitary pails, bed pans, urinals, 00:07:04.147 --> 00:07:11.712 chamber pots, spit toons, douche cans, 00:07:11.712 --> 00:07:16.187 eye badges, teats for baby bottles, 00:07:16.187 --> 00:07:19.123 nursing nipples, and finger stalls, soap 00:07:19.123 --> 00:07:22.553 dishes, towel rails, toothbrush holders, 00:07:22.553 --> 00:07:24.808 toilet paper holders, towel hooks, and 00:07:24.808 --> 00:07:27.304 similar articles for bathrooms, toilets, 00:07:27.304 --> 00:07:29.868 kitchens, not insended for term 00:07:29.868 --> 00:07:31.346 installation in or on walls. 00:07:31.346 --> 00:07:32.991 However, such articles intended for 00:07:32.991 --> 00:07:34.967 permanent installation in or on walls or 00:07:34.967 --> 00:07:36.187 other parts of buildings are excluded 00:07:36.187 --> 00:07:40.307 and they are provided in 39.25. Here on 00:07:40.307 --> 00:07:43.862 the left is a bedpan. The middle picture 00:07:43.862 --> 00:07:45.622 is a finger stall. It temporarily 00:07:45.622 --> 00:07:47.564 protects fingers while they heal from 00:07:47.564 --> 00:07:49.989 cuts, burns, or blisters. The picture on 00:07:49.989 --> 00:08:01.524 the right is a ewers. They are used as a 00:08:01.524 --> 00:08:03.243 basin, not for permanent installation 00:08:03.243 --> 00:08:07.653 would be attached to the wall by suction 00:08:07.653 --> 00:08:09.403 cups. 00:08:09.403 --> 00:08:14.657 Hygienic or toilet articles of 3924. 00:08:14.657 --> 00:08:15.906 Hygienic or toilet articles includes 00:08:15.906 --> 00:08:17.520 articles used in washing and grooming 00:08:17.520 --> 00:08:19.375 not more specifically provided for 00:08:19.375 --> 00:08:21.400 elsewhere in the harmonized tariff 00:08:21.400 --> 00:08:23.208 schedule of the United States. They may 00:08:23.208 --> 00:08:25.695 be used in the home, outside of the 00:08:25.695 --> 00:08:28.665 home, or may be carried on the person. 00:08:28.665 --> 00:08:30.352 Hygienic or toilet articles are 00:08:30.352 --> 00:08:39.943 classified mainly in subheading 00:08:39.943 --> 00:08:40.319 3924.90.5650. Hygienic articles promote 00:08:40.319 --> 00:08:44.823 hygiene or cleanliness or the 00:08:44.823 --> 00:08:46.359 preservation of health. 00:08:46.359 --> 00:08:54.454 Section 7, Harmonized tariff schedule 00:08:54.454 --> 00:08:56.579 in the United States, chapt 39, plas 00:08:56.579 --> 00:09:03.099 tips and articles thereof. In 595650, 00:09:03.099 --> 00:09:05.781 except for plastic nursing nipples and 00:09:05.781 --> 00:09:06.632 finger cots, hygienic or toy het 00:09:06.632 --> 00:09:09.236 articles of plastics are classified in 00:09:09.236 --> 00:09:12.171 subheading 39249056. Merchandise having 00:09:12.171 --> 00:09:15.047 a country of origin of China is 00:09:15.047 --> 00:09:20.450 subjected to Section 301, trade remedy 00:09:20.450 --> 00:09:31.631 duties, subheading 9903.8815, 7.5% 00:09:31.631 --> 00:09:32.855 applies. Mirrors with plastic reflecting 00:09:32.855 --> 00:09:35.070 surfaces also correctly classified in 00:09:35.070 --> 00:09:44.538 subheading 3924.94.5650 as they are used 00:09:44.538 --> 00:09:46.485 to groom. 00:09:46.485 --> 00:09:49.290 Here are some examples of hygienic or 00:09:49.290 --> 00:09:51.853 toilet articles. On the top left, we 00:09:51.853 --> 00:09:54.416 have a pink plastic tether for babies 00:09:54.416 --> 00:09:58.198 that is designed for babies to chew on 00:09:58.198 --> 00:10:01.411 to relieve tooth and gum pain. The top 00:10:01.411 --> 00:10:03.734 middle picture is toothbrush covers. The 00:10:03.734 --> 00:10:06.282 top right picture is toothbrush holders. 00:10:06.282 --> 00:10:06.283 00:10:06.283 --> 00:10:08.675 The bottom left picture is a green shower 00:10:08.675 --> 00:10:12.803 caddie. The bottom middle picture is 00:10:12.803 --> 00:10:17.029 reusable travel bottles. And the bottom 00:10:17.029 --> 00:10:23.245 right picture is an orange badge mat. 00:10:23.245 --> 00:10:25.052 Here are more examples of hygienic or 00:10:25.052 --> 00:10:26.677 toilet articles. On the top left we have 00:10:26.677 --> 00:10:30.114 a photo of a blue plastic bathroom 00:10:30.114 --> 00:10:30.115 pail. 00:10:30.115 --> 00:10:32.650 The top middle picture is a red plastic 00:10:32.650 --> 00:10:35.313 tissue cover. The top right picture is 00:10:35.313 --> 00:10:38.314 an orange plastic hot water bottle. The 00:10:38.314 --> 00:10:40.711 bottom left picture is a portable blue 00:10:40.711 --> 00:10:41.750 plastic soap holder. 00:10:41.750 --> 00:10:44.712 The bottom right picture is plastic 00:10:44.712 --> 00:10:51.057 makeup blending sponges. 00:10:51.057 --> 00:10:53.833 Here are some hygienic or toilet 00:10:53.833 --> 00:10:55.569 articles not for permanent installation 00:10:55.569 --> 00:10:58.522 and are attached to the wall by suction 00:10:58.522 --> 00:11:00.841 cups. The first picture on the left is a 00:11:00.841 --> 00:11:03.239 plastic soap dispenser. The middle 00:11:03.239 --> 00:11:05.497 picture is plastic hooks. And the last 00:11:05.497 --> 00:11:11.562 picture on the right is a sponge holder. 00:11:11.562 --> 00:11:11.563 00:11:11.563 --> 00:11:19.337 Plastic mesh body puffs. Are articles 00:11:19.337 --> 00:11:24.558 generally made of poly ethanol tied in a 00:11:24.558 --> 00:11:26.031 puff with a cord affixed to the center 00:11:26.031 --> 00:11:35.689 for hang willing. They are made from 00:11:35.689 --> 00:11:38.083 polypropylene netting and it is is not 00:11:38.083 --> 00:11:40.551 made from a preexisting textile filament 00:11:40.551 --> 00:11:45.499 but is of plastics. 00:11:45.499 --> 00:11:47.712 Hygienic and toilet articles that are 00:11:47.712 --> 00:11:51.255 excluded from heading 3924. Articles 00:11:51.255 --> 00:11:54.440 intended for permanent installation in 00:11:54.440 --> 00:11:58.120 or on walls or other parts of buildings, 00:11:58.120 --> 00:12:01.534 for example by screws, nails, bolts, or 00:12:01.534 --> 00:12:03.241 add he's sifss, are excluded from 00:12:03.241 --> 00:12:06.366 heading 3924 and are considered 00:12:06.366 --> 00:12:08.741 builders' ware of plastics, classified in 00:12:08.741 --> 00:12:10.401 heading 3925. 00:12:10.401 --> 00:12:14.056 Heading 3925 provides for other 00:12:14.056 --> 00:12:19.679 builders' ware of plastics. 00:12:19.679 --> 00:12:22.744 Section 7, harmonized tariff schedule 00:12:22.744 --> 00:12:24.655 of the United States, Chapter 39, 00:12:24.655 --> 00:12:26.621 plastics and articles thereof. By 00:12:26.621 --> 00:12:33.022 application of Chapter 39 note 11 ij, 00:12:33.022 --> 00:12:33.806 heading 3925 applies only to the 00:12:33.806 --> 00:12:36.333 following articles. Not being products 00:12:36.333 --> 00:12:39.495 covered by any of the earlier headings 00:12:39.495 --> 00:12:43.520 of subchapter 2. Ij, fittings and 00:12:43.520 --> 00:12:45.310 mountings intended for permanent 00:12:45.310 --> 00:12:48.403 installation in or on doors, windows, 00:12:48.403 --> 00:12:50.844 staircases, walls, or other parts of 00:12:50.844 --> 00:12:55.084 buildings. For example, knobs, handles, 00:12:55.084 --> 00:12:57.415 hooks, brackets, towel rails, switch 00:12:57.415 --> 00:13:04.490 plates, and other protective plates. 00:13:04.490 --> 00:13:07.458 The plastic toilet paper holder on the 00:13:07.458 --> 00:13:11.096 left is permanently screwed into the 00:13:11.096 --> 00:13:14.850 wall and is classified in heading 3925. 00:13:14.850 --> 00:13:16.883 The toilet paper holder on the right, 00:13:16.883 --> 00:13:18.343 which is adhered to the wall by a 00:13:18.343 --> 00:13:29.157 suction cup is classified in heading 00:13:29.157 --> 00:13:29.158 3924. 00:13:29.158 --> 00:13:35.152 New York ruling N308745 issued January 00:13:35.152 --> 00:13:37.847 10, 2020, classified a plastic drain 00:13:37.847 --> 00:13:40.504 hair catcher. The item is designed to 00:13:40.504 --> 00:13:43.435 fit over the drain in a shower or tub to 00:13:43.435 --> 00:13:47.535 trap loose hair and prevent clogs. 00:13:47.535 --> 00:13:51.001 The drain hair catcher was classified 00:13:51.001 --> 00:13:57.872 in 3924.90.5650. 00:13:57.872 --> 00:14:01.220 Effective February 2007 and onward, 00:14:01.220 --> 00:14:03.751 the tariff schedule added an additional 00:14:03.751 --> 00:14:07.396 reference in the heading 3924 provision 00:14:07.396 --> 00:14:09.929 to hygienic articles. The only 00:14:09.929 --> 00:14:12.220 additional subheadings to accommodate 00:14:12.220 --> 00:14:17.785 this change were 3924.90.0500 nursing 00:14:17.785 --> 00:14:24.151 nipples and finger cots. 00:14:24.151 --> 00:14:28.410 Before February 2007, nursing nipples 00:14:28.410 --> 00:14:30.866 and finger cots been located as a 00:14:30.866 --> 00:14:34.935 subheading under heading 3926. The only 00:14:34.935 --> 00:14:37.498 change in the explanatory notes to 00:14:37.498 --> 00:14:39.366 accommodate the new reference to 00:14:39.366 --> 00:14:45.242 hygienic articles in heading 3924 was 00:14:45.242 --> 00:14:51.649 the additional words teats for baby 00:14:51.649 --> 00:15:00.595 bottles also known as finger stools. 00:15:00.595 --> 00:15:01.497 3924.90.0500, hygienic articles, nursing 00:15:01.497 --> 00:15:02.838 nipples. Babies in their first year 00:15:02.838 --> 00:15:05.028 require everything to be sterilized as 00:15:05.028 --> 00:15:07.997 their immunity levels are low. Hygiene 00:15:07.997 --> 00:15:10.844 plays a crucial component of a baby's 00:15:10.844 --> 00:15:13.623 overall care. Nursing nipples and finger 00:15:13.623 --> 00:15:15.873 cots are therefore included as hygienic 00:15:15.873 --> 00:15:27.367 articles and classified in subheading 00:15:27.367 --> 00:15:27.368 3924.90.0500. 00:15:27.368 --> 00:15:31.405 Finger cots, which are classified in 00:15:31.405 --> 00:15:37.855 subheading 3924.90.0500. Finger cots 00:15:37.855 --> 00:15:40.052 protect fingers from contamination, 00:15:40.052 --> 00:15:41.229 infection, apply medication, and many 00:15:41.229 --> 00:15:43.611 other uses where hygiene is necessary. 00:15:43.611 --> 00:15:46.114 They are used for blisters, abrasions, 00:15:46.114 --> 00:15:49.508 and cuts. Finger cots also protect a 00:15:49.508 --> 00:15:51.362 lightly bandaged finger from moisture 00:15:51.362 --> 00:15:59.542 and dirt while the finger is healing. 00:15:59.542 --> 00:16:03.638 Section 7 Chapter 39 hygienic 00:16:03.638 --> 00:16:09.045 articles. Subheading 3924.90.0500, 00:16:09.045 --> 00:16:10.143 nursing nipples and finger cots having a 00:16:10.143 --> 00:16:12.611 country of origin from China are subject 00:16:12.611 --> 00:16:16.239 to Section 301 trade remedy duties, 00:16:16.239 --> 00:16:27.041 subheading 9903.88.15. 00:16:27.041 --> 00:16:27.043 7.5% applies. 00:16:27.043 --> 00:16:29.014 Currently there is a court case on 00:16:29.014 --> 00:16:31.401 shower heads so we can't issue any 00:16:31.401 --> 00:16:36.115 rulings open plastic shower heads until 00:16:36.115 --> 00:16:36.236 the court of international trade settles 00:16:36.236 --> 00:16:45.169 the court case. 00:16:45.169 --> 00:16:48.482 Harmonized tariff schedule of the 00:16:48.482 --> 00:16:55.570 United States Section 13, Captain 69 00:16:55.570 --> 00:16:56.051 ceramic products. 00:16:56.051 --> 00:17:00.489 Headings 6911 and 6912. Chapter 69 00:17:00.489 --> 00:17:01.802 provides for tableware, kitchen ware, 00:17:01.802 --> 00:17:04.168 other household and toilet articles of 00:17:04.168 --> 00:17:09.455 6911 and 6912. 00:17:09.455 --> 00:17:13.479 6911 provides for tableware, kitchen 00:17:13.479 --> 00:17:16.794 ware, other household articles or toilet 00:17:16.794 --> 00:17:23.395 articles of porcelain of China. Chapter 00:17:23.395 --> 00:17:24.888 6912 tableware, kitchen ware, other 00:17:24.888 --> 00:17:27.480 household articles and toilet articles 00:17:27.480 --> 00:17:29.467 other than of tors lane or China. 00:17:29.467 --> 00:17:32.091 Porcelain, China, China ware, stone ware, 00:17:32.091 --> 00:17:35.934 bone China ware, and earthen ware are ke 00:17:35.934 --> 00:17:39.598 find by Chapter 69, additional U.S. note 00:17:39.598 --> 00:17:43.128 5 A, 5 B, and 5 C. We determined the 00:17:43.128 --> 00:17:45.117 correct ceramic article by sending it to 00:17:45.117 --> 00:17:46.129 the Customs and Border Protection 00:17:46.129 --> 00:17:51.874 laboratory for analysis. 00:17:51.874 --> 00:17:54.499 Harmonized tariff schedule of the 00:17:54.499 --> 00:17:57.349 United States Section 13 Chapter 69 00:17:57.349 --> 00:17:58.256 ceramic products. 00:17:58.256 --> 00:18:00.901 Additional U.S. note 5. For the 00:18:00.901 --> 00:18:08.812 purposes of headings 6909 through 6914, 00:18:08.812 --> 00:18:10.712 5 A states the terms porcelain, China, 00:18:10.712 --> 00:18:14.626 and Chinaware embrace ceramic wear other 00:18:14.626 --> 00:18:18.215 than stoneware, whether or not glazed or 00:18:18.215 --> 00:18:19.920 decorated, having a fired white body, 00:18:19.920 --> 00:18:22.076 unless artificially colored, which will 00:18:22.076 --> 00:18:25.635 not absorb more than 0.5% of its weight 00:18:25.635 --> 00:18:37.457 of water and is tras Lucent in 00:18:37.457 --> 00:18:39.262 thicknesses of several millimeters. The 00:18:39.262 --> 00:18:41.646 term stoneware as used in this note 00:18:41.646 --> 00:18:44.915 embraces ceramicware which contains clay 00:18:44.915 --> 00:18:47.736 as an essential ingredient, it not 00:18:47.736 --> 00:18:49.863 commonly mite white, will absorb not 00:18:49.863 --> 00:18:52.603 more than 3% of its weight of water, and 00:18:52.603 --> 00:18:58.954 is naturally opaque except in very thin 00:18:58.954 --> 00:18:58.955 pieces. 00:18:58.955 --> 00:19:01.423 Harmonized tariff schedule of the 00:19:01.423 --> 00:19:04.043 United States Section 13 Chapter 60 00:19:04.043 --> 00:19:07.142 niner is ram being products. Additional 00:19:07.142 --> 00:19:10.419 U.S. note 5 for the purposes of headings 00:19:10.419 --> 00:19:14.293 6909 through 6914, the term bone 00:19:14.293 --> 00:19:16.974 Chinaware embraces Chinaware or 00:19:16.974 --> 00:19:22.693 porcelain the body of which contains 25% 00:19:22.693 --> 00:19:30.743 or more of calcined bone or tricalcium 00:19:30.743 --> 00:19:30.998 phosphate. 00:19:30.998 --> 00:19:36.277 The term earthenware embraces ceramic 00:19:36.277 --> 00:19:37.933 ware, whether or not glazed or decorated, 00:19:37.933 --> 00:19:40.104 having a fired body which contains clay 00:19:40.104 --> 00:19:42.138 as an essential ingredient and will 00:19:42.138 --> 00:19:47.172 absorb more than 3% of its weight of 00:19:47.172 --> 00:19:47.173 water. 00:19:47.173 --> 00:19:51.423 The customs border and protection 00:19:51.423 --> 00:19:53.141 laboratory. The CBP laboratory can 00:19:53.141 --> 00:19:56.388 determine what type of ceramic ware the 00:19:56.388 --> 00:19:58.888 item is made of, for example, porcelain, 00:19:58.888 --> 00:20:02.698 China, Chinaware, earthenware, or 00:20:02.698 --> 00:20:04.071 stoneware. The CBP laboratory can 00:20:04.071 --> 00:20:06.299 determine the water absorption of a 00:20:06.299 --> 00:20:09.674 ceramic body by using the ASTM test 00:20:09.674 --> 00:20:15.297 method designated C373, as required by 00:20:15.297 --> 00:20:17.515 additional U.S. note 5 D. These are just 00:20:17.515 --> 00:20:20.140 a few examples of the analysis the lab 00:20:20.140 --> 00:20:26.322 conducts on ceramic articles. 00:20:26.322 --> 00:20:35.071 Chapter 69 explanatory notes for 00:20:35.071 --> 00:20:35.072 6911. 00:20:35.072 --> 00:20:35.884 69.11, tableware, kitchenware, other 00:20:35.884 --> 00:20:37.450 household articles and toilet articles 00:20:37.450 --> 00:20:39.272 of porcelain or China. 00:20:39.272 --> 00:20:42.540 6911.90 provides for other. 00:20:42.540 --> 00:20:46.672 The explanatory notes for 6911 directs us 00:20:46.672 --> 00:20:48.297 to refer to the explanatory notes in 00:20:48.297 --> 00:20:54.735 heading 69.12. 00:20:54.735 --> 00:20:59.664 Chapter 69 explanatory notes for 69.12 00:20:59.664 --> 00:21:02.106 which provides for ceramic tableware, 00:21:02.106 --> 00:21:05.041 kitchenware, other household articles and 00:21:05.041 --> 00:21:07.179 toilet articles, other than of porcelain 00:21:07.179 --> 00:21:09.264 or China. 00:21:09.264 --> 00:21:13.107 The headings therefore include toilet 00:21:13.107 --> 00:21:14.960 articles, whether for domestic or 00:21:14.960 --> 00:21:21.673 nondomestic use, such as toilet sets, 00:21:21.673 --> 00:21:25.415 ewers, bowls, et cetera, Saner to pails, 00:21:25.415 --> 00:21:30.196 bed pans, urinals, chamber pots, spit 00:21:30.196 --> 00:21:34.146 toons, douche cans, eye badges, soap 00:21:34.146 --> 00:21:36.394 dishes, towel rails, toothbrush holders, 00:21:36.394 --> 00:21:39.395 toilet paper holders, towel hooks, and 00:21:39.395 --> 00:21:41.263 similar articles for bathrooms, toilets, 00:21:41.263 --> 00:21:44.455 or kitchens, whether or not designed for 00:21:44.455 --> 00:21:47.016 fixing to or setting in the wall. 00:21:47.016 --> 00:21:52.419 Unlike heading 3924, where toilet or 00:21:52.419 --> 00:21:54.303 hygienic items were not for permanent 00:21:54.303 --> 00:21:56.172 installation, toilet and hygienic items 00:21:56.172 --> 00:22:00.862 classified in headings 69.11 and 69.12 00:22:00.862 --> 00:22:06.984 can be for permanent installation. 00:22:06.984 --> 00:22:13.542 Chapter 69 explanatory notes for 00:22:13.542 --> 00:22:14.867 69.12, ceramic tableware, kitchenware, 00:22:14.867 --> 00:22:16.949 other household articles and toilet 00:22:16.949 --> 00:22:19.166 articles, other than of porcelain or 00:22:19.166 --> 00:22:23.980 China. The heading excludes B, badges, 00:22:23.980 --> 00:22:36.362 bir -- bidets, sinks, and similar Saner 00:22:36.362 --> 00:22:37.704 to fittings. 00:22:37.704 --> 00:22:46.066 It includes, badges, bidets, water closet 00:22:46.066 --> 00:22:50.997 bowls, flush tanks, and similar urinary 00:22:50.997 --> 00:22:50.998 fixtures. 00:22:50.998 --> 00:22:59.696 Subheading 6911.90.0010 and subheading 00:22:59.696 --> 00:23:04.789 6912.00.0050 include all ceramic toy 00:23:04.789 --> 00:23:10.477 legal articles. 00:23:10.477 --> 00:23:13.157 6911.90.0010 is for toll toilet articles 00:23:13.157 --> 00:23:16.975 of ceramic of China. 00:23:16.975 --> 00:23:21.814 And 6912.00.0050 is for other than of 00:23:21.814 --> 00:23:25.416 porcelain or China. 00:23:25.416 --> 00:23:30.401 Chapter 69-13 of the harmonized tariff 00:23:30.401 --> 00:23:32.121 schedule of the United States, toilet 00:23:32.121 --> 00:23:34.443 articles having a country of origin from 00:23:34.443 --> 00:23:38.904 China are subject to Section 301 trade 00:23:38.904 --> 00:23:41.132 remedy duties.Having 00:23:41.132 --> 00:23:55.001 an additional subheading of 99038815, 00:23:55.001 --> 00:23:57.218 7.5% applies. 00:23:57.218 --> 00:23:58.470 Chapter 69-13, harmonized tariff 00:23:58.470 --> 00:24:00.312 schedule of the United States, 00:24:00.312 --> 00:24:08.063 subheading 6912.00500 is for other than 00:24:08.063 --> 00:24:14.819 a porcelain or China. Other. 00:24:14.819 --> 00:24:17.591 So in the top left photo we have a 00:24:17.591 --> 00:24:20.790 white and blue porcelain tissue cover 00:24:20.790 --> 00:24:23.757 holder. In the top right we have a brown 00:24:23.757 --> 00:24:26.040 and white toothbrush holder made of 00:24:26.040 --> 00:24:26.940 stoneware ceramic. 00:24:26.940 --> 00:24:31.441 In the bottom left photo we have a 00:24:31.441 --> 00:24:33.308 beige porcelain soap holder designed for 00:24:33.308 --> 00:24:35.224 permanent installation on a bathroom 00:24:35.224 --> 00:24:35.225 wall. 00:24:35.225 --> 00:24:37.589 We also have on the bottom right 00:24:37.589 --> 00:24:40.410 picture a porcelain ceramic toilet paper 00:24:40.410 --> 00:24:42.247 holder intended for permanent 00:24:42.247 --> 00:24:48.760 installation on a bathroom wall. 00:24:48.760 --> 00:24:53.873 Okay. So here are some stoneware 00:24:53.873 --> 00:24:55.849 ceramic bathroom accessories. They will 00:24:55.849 --> 00:24:57.842 be import and sold individually and not 00:24:57.842 --> 00:25:03.910 as a set. We have a waste paper basket, 00:25:03.910 --> 00:25:08.404 tissue cover, a cotton jar, small tray 00:25:08.404 --> 00:25:14.978 used with bathroom accessories, a 00:25:14.978 --> 00:25:18.752 tumbler, lotion soap holder, and a soap 00:25:18.752 --> 00:25:20.255 dish. Which of these would not be 00:25:20.255 --> 00:25:22.696 classified as toilet articles other than 00:25:22.696 --> 00:25:30.621 of porcelain or China in subheading 00:25:30.621 --> 00:25:31.691 6912.00500? You could put your answer in 00:25:31.691 --> 00:25:51.818 the chat box. 00:25:51.818 --> 00:25:56.408 Okay, let's find out what the answer 00:25:56.408 --> 00:26:00.935 is. Okay. So the stoneware ceramic lotion 00:26:00.935 --> 00:26:02.537 dispenser, which typically used in a 00:26:02.537 --> 00:26:05.436 kitchen or bathroom. The item is not 00:26:05.436 --> 00:26:07.466 classified as a toilet article under 00:26:07.466 --> 00:26:14.597 subheading 6912.00500. New York ruling L 00:26:14.597 --> 00:26:19.343 there's 84982 dated May 26, 2005, 00:26:19.343 --> 00:26:23.009 classified all the articles under 00:26:23.009 --> 00:26:25.251 6912.00500 and the lotion dispenser was 00:26:25.251 --> 00:26:32.696 classified an 8424.89.7090. That 00:26:32.696 --> 00:26:35.407 specifically is provided for under this 00:26:35.407 --> 00:26:38.010 subheading, which provide for mechanical 00:26:38.010 --> 00:26:39.034 appliances, whether or not hand 00:26:39.034 --> 00:26:41.661 operated, for projecting, dispersing, or 00:26:41.661 --> 00:26:46.004 spraying liquid or powders, other. 00:26:46.004 --> 00:26:54.630 Subheading 8424.89500 replaced the old 00:26:54.630 --> 00:26:59.471 subheading of 8424.89.7090. They were 00:26:59.471 --> 00:27:01.224 part of the same collection this was 00:27:01.224 --> 00:27:08.373 import and sold individually and not as a 00:27:08.373 --> 00:27:08.374 set. 00:27:08.374 --> 00:27:18.346 New York ruling L80375 dated November 00:27:18.346 --> 00:27:21.028 19, 2004, consisted of a soap dush, 00:27:21.028 --> 00:27:24.753 toothbrush holder and soap holder all 00:27:24.753 --> 00:27:26.441 made of ceramic. They're all packed 00:27:26.441 --> 00:27:33.603 together for retail sale as a set. The 00:27:33.603 --> 00:27:34.840 bathroom accessories were classified as 00:27:34.840 --> 00:27:36.757 a set. The essential character of the 00:27:36.757 --> 00:27:42.573 set was imparted by the ceramic soap 00:27:42.573 --> 00:27:47.505 dish, tumbler and toothbrush holder. Was 00:27:47.505 --> 00:27:52.249 in other ceramic household articles amd 00:27:52.249 --> 00:27:54.845 toilet articles other than of porcelain 00:27:54.845 --> 00:28:01.566 or China. 00:28:01.566 --> 00:28:05.635 Here we have a ceramic sponge holder 00:28:05.635 --> 00:28:07.593 with sponge. This is typically used in 00:28:07.593 --> 00:28:11.063 the kitchen for cleaning dishes, pots, 00:28:11.063 --> 00:28:14.321 drinking vessels and utensils. 00:28:14.321 --> 00:28:17.633 The ceramic frog holder is made of 00:28:17.633 --> 00:28:21.003 ceramic and the sponge is a mesh knit 00:28:21.003 --> 00:28:25.033 compridesed of Poli propylene. It is 00:28:25.033 --> 00:28:26.574 classified in two different headings in 00:28:26.574 --> 00:28:30.011 the tariff. The ceramic frog is 00:28:30.011 --> 00:28:33.780 classified in heading 6912 and the 00:28:33.780 --> 00:28:35.603 polypropylene mesh knit is classified in 00:28:35.603 --> 00:28:39.404 heading 3924. 00:28:39.404 --> 00:28:42.541 Based upon GRI 3 B, the essential 00:28:42.541 --> 00:28:44.912 character is the ceramic holder. The 00:28:44.912 --> 00:28:50.071 holder accounts for the vast majority of 00:28:50.071 --> 00:28:52.692 the weight and bulk and classified in 00:28:52.692 --> 00:29:00.036 subheading 6912.00500. New York rooulg 00:29:00.036 --> 00:29:06.883 ruling N272203 dated February 18th, 00:29:06.883 --> 00:29:06.884 2016. 00:29:06.884 --> 00:29:09.073 This concludes our webinar. 00:29:09.073 --> 00:29:11.289 Thank you for your time and attention. If 00:29:11.289 --> 00:29:15.818 you have any questions, you can email me 00:29:15.818 --> 00:29:26.664 at Dana.L I don't Giammanco @CBP point 00:29:26.664 --> 00:29:38.418 dhs.gov. Or my associate Walter point 00:29:38.418 --> 00:29:38.659 krchts.Gartner @CBP.dhs.gov. 00:29:38.659 --> 00:29:43.785 Thank you for your time and attention.. 00:29:43.785 --> 00:29:43.786 Point krchts.Gartner @CBP.dhs.gov. 00:29:43.786 --> 00:29:44.072 Thank you for your time and attention.k 00:29:44.072 --> 00:29:44.073 point krchts.Gartner @CBP.dhs.gov. 00:29:44.073 --> 00:29:45.167 Thank you for your time and attention.point 00:29:45.167 --> 00:29:45.168 krchts.Gartner @CBP.dhs.gov. 00:29:45.168 --> 00:29:45.409 Thank you for your time and attention.oint 00:29:45.409 --> 00:29:45.410 krchts.Gartner @CBP.dhs.gov. 00:29:45.410 --> 00:29:45.694 Thank you for your time and attention.int 00:29:45.694 --> 00:29:45.695 krchts.Gartner @CBP.dhs.gov. 00:29:45.695 --> 00:29:45.814 Thank you for your time and attention.nt 00:29:45.814 --> 00:29:45.815 krchts.Gartner @CBP.dhs.gov. 00:29:45.815 --> 00:29:45.979 Thank you for your time and attention.t 00:29:45.979 --> 00:29:45.980 krchts.Gartner @CBP.dhs.gov. 00:29:45.980 --> 00:29:46.221 Thank you for your time and attention. 00:29:46.221 --> 00:29:46.223 krchts.Gartner @CBP.dhs.gov. 00:29:46.223 --> 00:29:46.507 Thank you for your time and attention.krchts.Gartner 00:29:46.507 --> 00:29:46.508 @CBP.dhs.gov. 00:29:46.508 --> 00:29:47.036 Thank you for your time and attention..Gartner 00:29:47.036 --> 00:29:47.037 @CBP.dhs.gov. 00:29:47.037 --> 00:29:49.906 Thank you for your time and attention.@CBP.dhs.gov. 00:29:49.906 --> 00:30:30.443 Thank you for your time and attention. 00:30:30.443 --> 00:30:32.505 >> Thank you, everybody, for 00:30:32.749 --> 00:30:32.749 hope you have a good afternoon.