Toilet Paper Holders Classifiable as 'Racks,' Not Articles of Base Metals, CIT Says
Toilet paper holders imported by Moen are classifiable as duty-free racks in heading 8302, not as articles of their constituent zinc, iron or steel, the Court of International Trade said in a decision issued March 7. The toilet paper holders are similar to the “hat-racks, hat pegs, brackets and similar fixtures” listed as examples in heading 8302, and articles classifiable in chapter 83 can’t be classified as base metals of chapters 73 or 79 of the tariff schedule, CIT said, overruling CBP’s classification.
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Moen had imported more than 20 models of the toilet paper holders, all made of zinc, with some models using a pivot or spring loaded mechanism for changing rolls and others comprising a simple fixed arm. CBP had liquidated the toilet paper holders under subheading 7907.00.10 as “other articles of zinc” including “toilet and sanitary wares,” dutiable at 3%. The agency later conceded one model made of steel should have instead been classified in subheading 7324 as “sanitary ware … of iron or steel.”
Moen protested, arguing the toilet paper holders should have instead been classified in subheading 8302.50.00 as “base metal mountings” including hat racks, brackets and similar fixtures, a duty-free provision. Zinc and steel are both base metals.
According to CIT, when tariff subheadings give lists of examples a good should be classified according to the unifying characteristic, in this case that the hat racks, brackets and similar fixtures are all “racks” that are “affixed to a wall and used to hang, hold, or support another article.” The toilet paper holders meet that requirement in that they are “(1) affixed to a wall and (2) hang, hold or support other items.” The government argued that the examples given for subheading 8302.50.00 do not dispense items that are discarded, but CIT said the Explanatory Note for the heading “does not distinguish between reusable and disposable goods.”
On the other hand, as the goods are classifiable in heading 8302, they cannot be classified as articles of base metals of headings 7324 or 7907, CIT said. Note 2 to Section XV of the tariff schedule, which includes chapters 73 and 79, says that “the articles of chapter 82 or 83 are excluded from chapters 72 to 76 and 78 to 81.” The toilet paper holders are only classifiable in subheading 8302.50.00, and enter duty-free, CIT said.
(Moen v. U.S., Slip Op. 18-17, CIT # 15-00145, dated 03/07/18, Judge Choe-Groves)
(Attorneys: William Rucker of Drinker Biddle for plaintiff Moen Inc.; Jamie Shookman for defendant U.S. government)