>> Good afternoon, Ladies and
Gentlemen, my name is Lynn banks from
the Office of Trade relations. Thank you
for joining us today for the hygienic
and toilet articles of plastic and
ceramic toilet articles webinar.
The webinar is part of the 2023
educations commodity specific webinar
series, and we have an expected duration
of up to one hour today.
We have a few housekeeping rules.
Everyone will be kept on mute during the
presentation so that we can keep the
line clear of any background noise. If
you have any questions or comments, we
invite you to type them into the chat
box at any time throughout the
presentation.
We will answer as many questions as we
can from the chat box at the end of the
presentation. The continuing education
credit code will be placed in the chat
box throughout the presentation, so you
can grab it there.
Today's presenter is national import
specialist Dana Giammanco. Ms.
Giammanco, over to you.
>> DANA GIAMMANCO: Good morning, good
afternoon, I'm Dana Giammanco, I am the
NIS assigned to hygienic or toilet
articles of plastic and ceramic toilet
articles. Please hold your questions till
the end of the presentation. If I cannot
get to your questions during this
presentation, you can email me at
Dana.L.Giammanco at CBP.dhs.gov. Here is
our mission statement. Please take a
moment to read.
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mission statement. Please take a moment to read.
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[Pause]Dana.L.Giammanco@CBP.dhs.gov.
Here is our mission statement.
Please take a moment to read.
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Here is our first disclaimer.Please
take a minute to read.
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Audio/visual immediate, including
audio, video and sound has copyright
license and is provided solely for the
content provided. The audio/visual media
is provided for educational purposes
only and does not represent an
endorsement or approval by CBP of any
creators of products. Further copy and
distribution of any copyrighted
materials contained in a webinar may
require permission from the original
creator.
Because many complicated factors can
be involved in customs issues, an
importer may wish to obtain a binding
ruling under the regulations of U.S.
Customs and Border Protection, 19 CFR
Part 177 or, may wish to obtain advice
from an expert who specializes in
customs broker reason such as a licensed
customs broker, attorney, or consultant.
Here is our web address for binding
rulings.
Headings 3924, articles of plastics,
and 6911 and 6912 ceramic articles are
considered household articles or of a
class or kind of goods that may be used
in or around the home, hotels,
restaurants, boarding houses, hospitals,
canteens, Barricks, et cetera. They are
utilitarian articles rather than merely
decorative articles.
However, utilitarian articles, even if
highly ornamented, remain classified in
the household headings. The decorative
article must serve a useful purpose.
Utilitarian meaning they are designed
to be useful and practical rather than
decorative. The declaration is usually
secondary so as not to impair the
usefulness.
They are functional items used in or
around the home. For example, an iron
bird feeder painted with floral designs
with glass elements. The primary purpose
of the bird feeder is to feed birds. The
declarations of the floral designs and
glass elements is secondary. On the
other hand, if the usefulness of the
article is clearly subordinate to its
ornamental design, it is classified in
another heading in the tariff.
For example, miniature kitchen
utensils and Nick knacks for shelves or
domestic display cabinets. They have no
genuine utility value. They are
genuinely decorative and classified in
the tariff. They are under 3924, 6911,
and 69 twrefl is reusable items used for
repetitive household use.
Definition of hygiene and hygienic.
To determine what hygienic is, we
first need to understand the definition
of the word hygiene. Webster's new world
dictionary definition. High Ghosn is
defined as a science of the
establishment and maintenance of health,
conditions or practices as of
cleanliness, conducive to health.
Hygienic is designed as of relating to
hygiene, having or showing good hygiene.
Definition of toilet and toiletry
articles. To determine what a toilet
article is, we first need to understand
the definition of the word toilet.
Webster's new world dictionary
definition, a toilet is designed as the
act or process of dressing, the process
of washing, grooming, and arranging one
self for the day's activities or for a
special occasion.
Toiletry is defined as an article or
preparation used in cleaning or grooming
one self.
Explanatory notes for 30.24, hygienic
and toilet articles of plastics.
Hygienic and toilet articles, whether
for domestic or nondomestic use, such as
toilet sets, ewers, bowls, et cetera,
sanitary pails, bed pans, urinals,
chamber pots, spit toons, douche cans,
eye badges, teats for baby bottles,
nursing nipples, and finger stalls, soap
dishes, towel rails, toothbrush holders,
toilet paper holders, towel hooks, and
similar articles for bathrooms, toilets,
kitchens, not insended for term
installation in or on walls.
However, such articles intended for
permanent installation in or on walls or
other parts of buildings are excluded
and they are provided in 39.25. Here on
the left is a bedpan. The middle picture
is a finger stall. It temporarily
protects fingers while they heal from
cuts, burns, or blisters. The picture on
the right is a ewers. They are used as a
basin, not for permanent installation
would be attached to the wall by suction
cups.
Hygienic or toilet articles of 3924.
Hygienic or toilet articles includes
articles used in washing and grooming
not more specifically provided for
elsewhere in the harmonized tariff
schedule of the United States. They may
be used in the home, outside of the
home, or may be carried on the person.
Hygienic or toilet articles are
classified mainly in subheading
3924.90.5650. Hygienic articles promote
hygiene or cleanliness or the
preservation of health.
Section 7, Harmonized tariff schedule
in the United States, chapt 39, plas
tips and articles thereof. In 595650,
except for plastic nursing nipples and
finger cots, hygienic or toy het
articles of plastics are classified in
subheading 39249056. Merchandise having
a country of origin of China is
subjected to Section 301, trade remedy
duties, subheading 9903.8815, 7.5%
applies. Mirrors with plastic reflecting
surfaces also correctly classified in
subheading 3924.94.5650 as they are used
to groom.
Here are some examples of hygienic or
toilet articles. On the top left, we
have a pink plastic tether for babies
that is designed for babies to chew on
to relieve tooth and gum pain. The top
middle picture is toothbrush covers. The
top right picture is toothbrush holders.
The bottom left picture is a green shower
caddie. The bottom middle picture is
reusable travel bottles. And the bottom
right picture is an orange badge mat.
Here are more examples of hygienic or
toilet articles. On the top left we have
a photo of a blue plastic bathroom
pail.
The top middle picture is a red plastic
tissue cover. The top right picture is
an orange plastic hot water bottle. The
bottom left picture is a portable blue
plastic soap holder.
The bottom right picture is plastic
makeup blending sponges.
Here are some hygienic or toilet
articles not for permanent installation
and are attached to the wall by suction
cups. The first picture on the left is a
plastic soap dispenser. The middle
picture is plastic hooks. And the last
picture on the right is a sponge holder.
Plastic mesh body puffs. Are articles
generally made of poly ethanol tied in a
puff with a cord affixed to the center
for hang willing. They are made from
polypropylene netting and it is is not
made from a preexisting textile filament
but is of plastics.
Hygienic and toilet articles that are
excluded from heading 3924. Articles
intended for permanent installation in
or on walls or other parts of buildings,
for example by screws, nails, bolts, or
add he's sifss, are excluded from
heading 3924 and are considered
builders' ware of plastics, classified in
heading 3925.
Heading 3925 provides for other
builders' ware of plastics.
Section 7, harmonized tariff schedule
of the United States, Chapter 39,
plastics and articles thereof. By
application of Chapter 39 note 11 ij,
heading 3925 applies only to the
following articles. Not being products
covered by any of the earlier headings
of subchapter 2. Ij, fittings and
mountings intended for permanent
installation in or on doors, windows,
staircases, walls, or other parts of
buildings. For example, knobs, handles,
hooks, brackets, towel rails, switch
plates, and other protective plates.
The plastic toilet paper holder on the
left is permanently screwed into the
wall and is classified in heading 3925.
The toilet paper holder on the right,
which is adhered to the wall by a
suction cup is classified in heading
3924.
New York ruling N308745 issued January
10, 2020, classified a plastic drain
hair catcher. The item is designed to
fit over the drain in a shower or tub to
trap loose hair and prevent clogs.
The drain hair catcher was classified
in 3924.90.5650.
Effective February 2007 and onward,
the tariff schedule added an additional
reference in the heading 3924 provision
to hygienic articles. The only
additional subheadings to accommodate
this change were 3924.90.0500 nursing
nipples and finger cots.
Before February 2007, nursing nipples
and finger cots been located as a
subheading under heading 3926. The only
change in the explanatory notes to
accommodate the new reference to
hygienic articles in heading 3924 was
the additional words teats for baby
bottles also known as finger stools.
3924.90.0500, hygienic articles, nursing
nipples. Babies in their first year
require everything to be sterilized as
their immunity levels are low. Hygiene
plays a crucial component of a baby's
overall care. Nursing nipples and finger
cots are therefore included as hygienic
articles and classified in subheading
3924.90.0500.
Finger cots, which are classified in
subheading 3924.90.0500. Finger cots
protect fingers from contamination,
infection, apply medication, and many
other uses where hygiene is necessary.
They are used for blisters, abrasions,
and cuts. Finger cots also protect a
lightly bandaged finger from moisture
and dirt while the finger is healing.
Section 7 Chapter 39 hygienic
articles. Subheading 3924.90.0500,
nursing nipples and finger cots having a
country of origin from China are subject
to Section 301 trade remedy duties,
subheading 9903.88.15.
7.5% applies.
Currently there is a court case on
shower heads so we can't issue any
rulings open plastic shower heads until
the court of international trade settles
the court case.
Harmonized tariff schedule of the
United States Section 13, Captain 69
ceramic products.
Headings 6911 and 6912. Chapter 69
provides for tableware, kitchen ware,
other household and toilet articles of
6911 and 6912.
6911 provides for tableware, kitchen
ware, other household articles or toilet
articles of porcelain of China. Chapter
6912 tableware, kitchen ware, other
household articles and toilet articles
other than of tors lane or China.
Porcelain, China, China ware, stone ware,
bone China ware, and earthen ware are ke
find by Chapter 69, additional U.S. note
5 A, 5 B, and 5 C. We determined the
correct ceramic article by sending it to
the Customs and Border Protection
laboratory for analysis.
Harmonized tariff schedule of the
United States Section 13 Chapter 69
ceramic products.
Additional U.S. note 5. For the
purposes of headings 6909 through 6914,
5 A states the terms porcelain, China,
and Chinaware embrace ceramic wear other
than stoneware, whether or not glazed or
decorated, having a fired white body,
unless artificially colored, which will
not absorb more than 0.5% of its weight
of water and is tras Lucent in
thicknesses of several millimeters. The
term stoneware as used in this note
embraces ceramicware which contains clay
as an essential ingredient, it not
commonly mite white, will absorb not
more than 3% of its weight of water, and
is naturally opaque except in very thin
pieces.
Harmonized tariff schedule of the
United States Section 13 Chapter 60
niner is ram being products. Additional
U.S. note 5 for the purposes of headings
6909 through 6914, the term bone
Chinaware embraces Chinaware or
porcelain the body of which contains 25%
or more of calcined bone or tricalcium
phosphate.
The term earthenware embraces ceramic
ware, whether or not glazed or decorated,
having a fired body which contains clay
as an essential ingredient and will
absorb more than 3% of its weight of
water.
The customs border and protection
laboratory. The CBP laboratory can
determine what type of ceramic ware the
item is made of, for example, porcelain,
China, Chinaware, earthenware, or
stoneware. The CBP laboratory can
determine the water absorption of a
ceramic body by using the ASTM test
method designated C373, as required by
additional U.S. note 5 D. These are just
a few examples of the analysis the lab
conducts on ceramic articles.
Chapter 69 explanatory notes for
6911.
69.11, tableware, kitchenware, other
household articles and toilet articles
of porcelain or China.
6911.90 provides for other.
The explanatory notes for 6911 directs us
to refer to the explanatory notes in
heading 69.12.
Chapter 69 explanatory notes for 69.12
which provides for ceramic tableware,
kitchenware, other household articles and
toilet articles, other than of porcelain
or China.
The headings therefore include toilet
articles, whether for domestic or
nondomestic use, such as toilet sets,
ewers, bowls, et cetera, Saner to pails,
bed pans, urinals, chamber pots, spit
toons, douche cans, eye badges, soap
dishes, towel rails, toothbrush holders,
toilet paper holders, towel hooks, and
similar articles for bathrooms, toilets,
or kitchens, whether or not designed for
fixing to or setting in the wall.
Unlike heading 3924, where toilet or
hygienic items were not for permanent
installation, toilet and hygienic items
classified in headings 69.11 and 69.12
can be for permanent installation.
Chapter 69 explanatory notes for
69.12, ceramic tableware, kitchenware,
other household articles and toilet
articles, other than of porcelain or
China. The heading excludes B, badges,
bir -- bidets, sinks, and similar Saner
to fittings.
It includes, badges, bidets, water closet
bowls, flush tanks, and similar urinary
fixtures.
Subheading 6911.90.0010 and subheading
6912.00.0050 include all ceramic toy
legal articles.
6911.90.0010 is for toll toilet articles
of ceramic of China.
And 6912.00.0050 is for other than of
porcelain or China.
Chapter 69-13 of the harmonized tariff
schedule of the United States, toilet
articles having a country of origin from
China are subject to Section 301 trade
remedy duties.Having
an additional subheading of 99038815,
7.5% applies.
Chapter 69-13, harmonized tariff
schedule of the United States,
subheading 6912.00500 is for other than
a porcelain or China. Other.
So in the top left photo we have a
white and blue porcelain tissue cover
holder. In the top right we have a brown
and white toothbrush holder made of
stoneware ceramic.
In the bottom left photo we have a
beige porcelain soap holder designed for
permanent installation on a bathroom
wall.
We also have on the bottom right
picture a porcelain ceramic toilet paper
holder intended for permanent
installation on a bathroom wall.
Okay. So here are some stoneware
ceramic bathroom accessories. They will
be import and sold individually and not
as a set. We have a waste paper basket,
tissue cover, a cotton jar, small tray
used with bathroom accessories, a
tumbler, lotion soap holder, and a soap
dish. Which of these would not be
classified as toilet articles other than
of porcelain or China in subheading
6912.00500? You could put your answer in
the chat box.
Okay, let's find out what the answer
is. Okay. So the stoneware ceramic lotion
dispenser, which typically used in a
kitchen or bathroom. The item is not
classified as a toilet article under
subheading 6912.00500. New York ruling L
there's 84982 dated May 26, 2005,
classified all the articles under
6912.00500 and the lotion dispenser was
classified an 8424.89.7090. That
specifically is provided for under this
subheading, which provide for mechanical
appliances, whether or not hand
operated, for projecting, dispersing, or
spraying liquid or powders, other.
Subheading 8424.89500 replaced the old
subheading of 8424.89.7090. They were
part of the same collection this was
import and sold individually and not as a
set.
New York ruling L80375 dated November
19, 2004, consisted of a soap dush,
toothbrush holder and soap holder all
made of ceramic. They're all packed
together for retail sale as a set. The
bathroom accessories were classified as
a set. The essential character of the
set was imparted by the ceramic soap
dish, tumbler and toothbrush holder. Was
in other ceramic household articles amd
toilet articles other than of porcelain
or China.
Here we have a ceramic sponge holder
with sponge. This is typically used in
the kitchen for cleaning dishes, pots,
drinking vessels and utensils.
The ceramic frog holder is made of
ceramic and the sponge is a mesh knit
compridesed of Poli propylene. It is
classified in two different headings in
the tariff. The ceramic frog is
classified in heading 6912 and the
polypropylene mesh knit is classified in
heading 3924.
Based upon GRI 3 B, the essential
character is the ceramic holder. The
holder accounts for the vast majority of
the weight and bulk and classified in
subheading 6912.00500. New York rooulg
ruling N272203 dated February 18th,
2016.
This concludes our webinar.
Thank you for your time and attention. If
you have any questions, you can email me
at Dana.L I don't Giammanco @CBP point
dhs.gov. Or my associate Walter point
krchts.Gartner @CBP.dhs.gov.
Thank you for your time and attention..
Point krchts.Gartner @CBP.dhs.gov.
Thank you for your time and attention.k
point krchts.Gartner @CBP.dhs.gov.
Thank you for your time and attention.point
krchts.Gartner @CBP.dhs.gov.
Thank you for your time and attention.oint
krchts.Gartner @CBP.dhs.gov.
Thank you for your time and attention.int
krchts.Gartner @CBP.dhs.gov.
Thank you for your time and attention.nt
krchts.Gartner @CBP.dhs.gov.
Thank you for your time and attention.t
krchts.Gartner @CBP.dhs.gov.
Thank you for your time and attention.
krchts.Gartner @CBP.dhs.gov.
Thank you for your time and attention.krchts.Gartner
@CBP.dhs.gov.
Thank you for your time and attention..Gartner
@CBP.dhs.gov.
Thank you for your time and attention.@CBP.dhs.gov.
Thank you for your time and attention.
>> Thank you, everybody, for
hope you have a good afternoon.