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03November 2011

Customs Attorney: How Many Pieces Make a Whole?

Many goods are unassembled or incomplete when they arrive at the port. The U.S. Harmonized Tariff Schedule for classification predominantly addresses complete and assembled products. However, the law provides via the “General Rules of Interpretation” for unassembled or incomplete goods by allowing certain goods to be classified as though they are complete and assembled.

The rule qualifies these goods by its ESSENTIAL CHARACTER. Essential character is not defined in the law but all depends on the specifications of the product. Can a person objectively recognize the product for what it is when incomplete? While Customs may have their own opinion it is within the importers best interest to convince them of the goods essential character for beneficial duty treatment.

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