CLA-2-94:OT:RR:NC:N4:433
Erol Fikri
Customs Compliance Manager
George Patton Associates, Inc.
55 Board Common Road
Bristol, RI 02809
RE: The tariff classification of barrier stanchions and its rope from China.
Dear Mr. Fikri:
In your letter dated July 26, 2013, you requested a tariff classification ruling. Illustrative literature was provided. Photos taken from the internet as depicted below are substantially similar to the merchandise concerned.
The merchandise concerned, is barrier stanchions and its rope. The rope (# RP2MRRBR03) consists of velvet cloth, rubber tube, wood corks, sand filling, and zinc-alloy connectors. The finished item goes by several different names: rope stand, stand with velvet rope, rope barrier, barrier stanchion, stanchion barrier, and post and rope set. It is stated that the rope may be imported: (1) as part of a composite good including both the rope and brass stanchions imported in the same container, and (2) as a product for resale, individually, without the stanchions.
The General Explanatory Notes (ENs) to Chapter 94 of the Harmonized Tariff Schedule of the United States (HTSUS), state, in relevant part, with regard to the meaning of furniture, at (A): for the purposes of this Chapter, the term “furniture” means: Any “movable” articles (not included under other more specific headings of the Nomenclature), which have the essential characteristic that they are constructed for placing on the floor or ground, and which are used, mainly with a utilitarian purpose, to equip private dwellings, hotels, theatres, cinemas, offices, churches, schools, cafes, restaurants, laboratories, hospitals…etc….
When terms are not defined in the HTSUS or the ENs to the HTSUS, they are construed in accordance with their common and commercial meaning – Nippon Kogasku (USA), Inc. v. United States, 69 CCPA 89, 673 F.2d 380 (1982). Common and commercial meaning may be determined by consulting dictionaries, lexicons, scientific authorities and other reliable sources. C.J. Tower & Sons v. United States, 69 CCPA 128, 673 F.2d 1268 (1982).
By observation of the merchandise concerned, the finished good by use, is described as a room-divider. As such, the Online Compact Oxford English Dictionary defines a “divider” as a person or thing that divides a whole into parts -- also a room-divider is a screen or piece of furniture that divides a room into two parts; the Online Oxford English Dictionary defines a room-divider as a screen or piece of furniture that divides a room into two parts; and the Online Collins English Dictionary defines a room-divider as a partition, as a screen or freestanding bookcase, that separates one part of a room from another. Accordingly, we find the barrier stanchions and its rope, whether packaged together or not and imported in the same container, and the imported stand-alone rope, fall within the furniture provisions of heading 9403, HTSUS, in that, the merchandise concerned is a piece of furniture used to divide a room or space (indoor or outdoor) for purposes of queuing individuals and creating barriers in establishments.
Legal Note 2 to Chapter 94 of the Harmonized Tariff Schedule of the United States (HTSUS) states: the articles (other than parts) referred to in the headings 9401 to 9403 are to be classified in those headings only if they are designed for placing on the floor or ground. It is further stipulated under Note 2, the following are, however, to be classified in the above-mentioned headings even if they are designed to be hung, to be fixed to the wall or to stand one on the other: (a) cupboards, bookcases, other shelved furniture (including single shelves presented with supports for fixing them to the wall) and unit furniture; and (b) Seats and beds.
In Storewall, LLC versus the United States, Slip Op. 09-146, Court No.05-00462 dated December 18, 2009, the United States Court of International Trade (CIT), using relevant sources derived the following meaning for the term unit furniture: An item (a) fitted with other pieces to form a larger system or which is itself composed of smaller complementary items, (b) designed to be hung, or fixed to the wall, or stand one on the other or side by side, (c) assembled together in various ways to suit the consumer’s individual needs to hold various objects or articles, and (d) excludes other wall fixtures such as coat, hat and similar racks, key racks, clothes brush hangers, and newspaper racks.
Further, The United States Court of Appeals for the Federal Circuit, in Storewall, LLC versus the United State, 2010-1193, noted that unit furniture may be assembled together in various ways to suit the consumer’s individual needs to hold various objects and articles, and it was this versatility and adaptability that was the essence of unit furniture.
Similar to the Courts’ findings on unit furniture, we find that the merchandise concerned is fitted together with other stanchions and ropes for purposes of forming bigger queue lines and barriers, stands side-by-side with additional stanchions and ropes, and is assembled together in various ways to suit the consumer’s individual needs to direct and form lines, and create barriers for those not queuing up. We are of the opinion that the barrier stanchions and its rope fall within the meaning of unit furniture or separately presented elements of unit furniture, whether imported together or individually.
The stanchions and rope are composed of different components (stanchions: base metal and ropes: see description above) and are considered composite goods. The Explanatory Notes to the Harmonized Tariff Schedule of the United States (HTSUS), GRI 3 (b) (VIII), state that the factor which determines essential character will vary between different kinds of goods. It may for example, be determined by the nature of the materials or components, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods. When the essential character of a composite good can be determined, the whole product is classified as if it consisted only of the material or component that imparts the essential character to the composite good.
This office finds that no essential character can be determined, in that, both, the stanchions and rope are required to complete the floor standing room-divider for purposes of queuing up and placing barriers. Consequently, the merchandise concerned is classified in accordance with GRI 3 (c), using GRI 6, by means of the last [sub]heading meriting equal consideration within the provisions of heading 9403, HTSUS.
The applicable subheading for the barrier stanchions and its rope, imported together or individually, will be 9403.89.6020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other furniture and parts thereof: Furniture of other materials, including cane, osier, bamboo or similar materials: Other: Other; Other.” The rate of duty will be free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Neil H. Levy at (646) 733-3036.
Sincerely,
Myles B. Harmon
Acting Director
National Commodity Specialist Division