Background

U.S. Customs and Border Protection has upheld a March 2014 ruling classifying picture pin-ups as other articles of wood under HTSUS 4421.99.9780 (formerly 4421.90.9780), which is currently subject to a 3.3 percent duty. The plaintiff had argued for classification as clothespins under HTSUS 4421.99.8033, which is subject to a duty rate of 6.5 cents/gross.

The article involved is a metal chain and several decorated wood clothespin-style clips designed to hold photographs and artwork in a clothesline fashion. CBP states that the clips are decorative and are not utilized for hanging clothes. 

In ruling NY N250077, CBP determined that the essential character of the article was determined by the decorative wood clips, which are essential to the display of photos and artwork. CBP also pointed out that these clips are not designed to support the hanging of clothes and are dimensionally different than traditional clothespins. CBP now concludes that this ruling was correct and is affirmed.

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