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HS Classification

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HS code for Cotton buds(cotton swab)

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Cotton buds(cotton swab) is classified as “- Wadding of textile materials and articles thereof :”

HS :560121

Reference :DE18562-10-1

Issued :Nov. 25, 2010

Description :Cotton buds, known as cotton buds, cotton, see photo installation, – of 100 and 300 cotton swabs in a plastic bag put up for retail sale – consisting of two small Tupfballen aloud request batt of absorbent cotton, which at the two ends of an approximately 7 cm long rod mounted in plastic (thus fabricated), – sanitary purposes, not impregnated with pharmaceutical substances or covered – with respect to the use of the Wattetupfballen essential character. “”Other goods of absorbent cotton (essential character), other than in subheading 5601 10-called hydrophilic cotton and plastic

HS code for Hair bands

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Hair bands are classified as “Other made up clothing accessories; parts of garments or of clothing accessories”

HS :621710
Reference :SE2016-00676
Issued :June 30, 2016
Description :Hair bands Assembled clothing accessories consisting of twenty elastic hair bands with a length of about 14 cm. Cords have core consisting of rubber thread and the exterior consists of braided textile yarns. Hair bands formed into loops (made up) by means of metal clips.

HS code for “selfie sticks”

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According to Explanatory Note issued by WCO, “selfie sticks” are classified in 9620 as “Monopods, bipods, tripods and similar articles.”

96.20 – Monopods, bipods, tripods and similar articles.
This heading covers…Selfie pods, also known as “selfie sticks”, designed to be held in the hand, rather than to stand on the ground, to take self-portraits (“selfies”) by positioning a smartphone, a photographic camera, a digital camera or a video camera recorder in an adjustable holder at the end of the stick, are also included in the heading, whether or not they are equipped with wired or wireless remote control for picture taking

HS code for Trampoline

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Trampoline is classified as “Articles and equipment for general physical exercise, gymnastics or athletics”

HS :950691

Reference :DE20767-14-1

Issued :Nov. 20, 2014

Description :It is a not composed trampoline (diameter about 366 cm / height about 270 cm), consisting of: – a black jumping mat (diameter approximately 325.5 cm), which is surrounded by a padded cover, – a frame of base metal, – a safety net of textile materials, the attaching side and is provided with an access opening which can be closed by a zipper, – eight rods and rod covers in which the safety net is mounted, – a director of base metal (in the dimensions of about 100 x 37 x 15 cm) with three Sprossen.Das trampoline is intended to be installed outdoors and is for general physical training. The product is presented together with mounting material (eg springs, nuts, bolts) and a manual in a cardboard box for retail sale. Such products are tariff classification as a “”piece of equipment for general physical exercise, not elsewhere specified or included, no exercise equipment adjustable resistance mechanisms in Chapter 95″” queued.

HS code for Protein Powder

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Protein Powder is classified as “Food preparations”

HS :210690
Reference :SETIL 2014-708
Issued :April 23, 2014
Description :Protein Powder White protein powder reportedly containing whey protein (whey protein isolate, whey protein concentrate, whey peptides), flavor (raspberry), emulsifier (soy lecithin), coloring and sweeteners. The product is put up for retail sale of 2.39 kg and is intended for use as a dietary supplement.

Inflatable Guitar classified as “Toy” or “Atricles of plastics” ?

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“Inflatable Guitar” was classified as “Toy”(HS:9503) by U.S. Customs ruling J81414.

German and UK customs made the same decision regarding similar items.

The issue is “Is it really a Toy??”

*example image of the targeting item

Item detail

The targeting item is called “Inflatable Guitar”.

Inflatable Guitar, is a toy rubber musical instrument that, when inflated by air, resembles a six string electric guitar. The item has the words “Rock ‘n Roll” on its body and when fully inflated measures 42 inches in length. The toy guitar does not play actual notes, but is designed to provide amusement through the simulation of guitar playing.

Issue

Whether the subject inflatable guitar is classified as “other articles of plastics” in heading 3926, HTSUS, or as “other toys” in heading 9503, HTSUS.

Here is the German customs classification record, they classified it in 9503

Item image

Issued Country German customs
Reference DE20508-15-1
Issuing date Oct. 22, 2015
Item name inflatable microphone
Classified HS code 950300
Details & Customs Opinion It is a toy in the form of an inflatable microphone made of printed, welded plastic films (according to additional application details made of PVC). The approx. 30 cm long product is equipped with a plastic valve which is pressed completely into the inflated guitar. The product is for the fun of entertaining children and adults and is together with a colorful printed cardboard insert in a plastic bag for the retail sale. Due to the lack of entertainment, a classification under heading 9505 is not considered. Such products are classified under customs tariffs as ‘other toys, not covered by CN codes 9503 0010 to 9503 0085, made of plastic, not a scale for printing on scale’.

See How to search world customs ruling with an image.

And here is the UK customs classification record, they classified it in 9503

Item image No image
Issued Country UK customs
Reference GB118578446
Issuing date June 12, 2009
Item name INFLATABLE TOY REPRESENTING A GUITAR
Classified HS code 950300
Details & Customs Opinion INFLATABLE TOY REPRESENTING A GUITAR. OF PLASTIC. DESIGNED TO BE USED AT PARTIES AND EVENTS.

CLASSIFICATION IS DETERMINED ACCORDING TO GIRS 1. CN CODE 95030055 TOY MUSICAL INSTRUMENTS.
TARIC CODE 9503005590 OTHER THAN HAND-MADE, OF WOOD

 

Reviewing by CBP

Heading 9503, HTSUS, is the provision for “other toys.” Although the term “toy” is not defined in the HTSUS, in Minnetonka Brands, Inc. v. United States, the Court of International Trade (CIT) held that an “object is a toy only if it is designed and used for amusement, diversion or play, rather than practicality.”

In order to be considered a toy, the inflatable guitar must be designed for amusement and not practicality. Internet research reveals that identical items imported into the United States are marketed and used as party decorations and favors.

Thus, any amusement value provided by the inflat-able guitar is incidental to its practical purpose as a party favor or decoration. This is because when inflated with air, although it is shaped like an electric guitar, the article is not operable as a music-maker. It is not capable of emitting sound. Instead, the article is merely a depiction of an electric guitar

Based on the facts above, U.S. Customs has reviewed J81414 and has determined the ruling letters to be in error.

Conclusion

Consequently, as an article made up entirely of plastic that is not described by heading 9503 or elsewhere in the HTSUS, it is our decision that the inflatable guitar is classified in heading 3926, HTSUS, as “Other articles of plastics…” Specifically, it is classified in subheading 3926.90.7500,

Source:Customs Bulletin

My opinion

The interesting part of this example is that, at first US, German and UK made the same decision regarding similar items. and only US customs reconsider and revoked its classification.

Since German and UK customs rulings are old, so I don’t know how they are classified lately.

But I am uncomfortable with the opinion that inflatable guitar is not a toy because it’s used as a party favor or decoration.
It must be fun and amusing to play with an inflatable guitar.
I think amusement value is an essential factor of toys.

This kind of items classification must be interpreted differently by different people.
What do you think?