Home Discussion Classification Customs Broker License Exam OCT 2021 Q40

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  • changhun.son@gmail.com
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    40. Category: Classification
    What is the CLASSIFICATION of a duster frame that is used as a cleaning tool? The duster frame is composed of an ethylene-vinyl acetate (EVA) foam covered strip of iron and a handle made of aluminum and polypropylene. It is comprised of 25% polypropylene, 30% aluminum, 10% EVA foam, and 35% iron.

    A. 3924.1 0.4000
    B. 3924.90.5650
    C. 7615.10.9100
    D. 7323.93.0080
    E. 7323.99.9080

    Correct choice is: E
    Explanation: HTSUS 7323.99.9080, Section XV, note 5, note 5(a), note 7, note 7(a), GRI 3(b)

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    The duster frame is composed of an ethylene-vinyl acetate (EVA) foam covered strip of iron and a handle made of aluminum and polypropylene. It is comprised of 25% polypropylene, 30% aluminum, 10% EVA foam, and 35% iron. So this is a composite good in which iron predominates by weight and the total weight of aluminum and iron metals equals or exceeds the total weight of the other elements present.

    GRI 39(b) states that … composite goods consisting of different materials or made up of different components, … which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable.

    Section note 5(b) states that an alloy composed of base metals of this section and of elements not falling within this section is to be treated as an alloy of base metals of this section if the total weight of such metals equals or exceeds the total weight of the other elements present. Here, the total weight of aluminum and iron in this composite good exceeds the weight of the other elements present and so this composite good is to be classified as an alloy of the base metals aluminum and iron.
    Section note 7. Classification of composite articles:
    Except where the headings otherwise require, articles of base metal (including articles of mixed materials treated as articles of base metal under the General Rules of Interpretation) containing two or more base metals are to be treated as articles of the base metal predominating by weight over each of the other metals. Here, the predominant material is iron and heading 7323 includes Table, kitchen or other household articles and parts thereof, of iron or steel …
    The duster frame that is used as a cleaning tool is a household article and is a composite item that has to be treated as an article of iron.
    7323.93.00 contains articles of stainless steel which is not the case here.
    7323.99.9080 provides the most specific description and is the correct answer.

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