CIT Rules Soft Pet Crates Do Not Have HTS 4202 Essential Characteristics
The Court of International Trade has ruled in a test case, Firstrax, Div. of United Pet Group, Inc., v. U.S., that certain soft crates for pets are classifiable as made up (textile) articles in heading 6307 and not as cases in heading 4202 as classified by Customs. The CIT explained that the soft crates did not meet the four essential characteristics of the goods listed in heading 4202; they did not (1) organize, (2) store, (3) protect, and (4) carry various items.
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CBP Says Crates Are 4202 Cases, Firstrax Says 6307 Made Up Textile Articles
Firstrax imported 12 models of the port-a-crate®, a soft crate comprised of a metal skeleton covered by a textile skin designed to serve as a soft-sided temporary pet home. U.S. Customs and Border Protection classified Firstrax's imports as other trunks, cases, bags, etc. of man-made fibers (MMF) of subheading 4202.92.9026 (17.6%). Firstrax protested that the goods should have been classified as other made up (textile) articles within the meaning of subheading 6307.90.9889 (7%).
Upon CBP denial of the protest and liquidation of the duties claimed, Firstrax filed a complaint with the CIT. As Firstrax's merchandise is not found eo nomine in the Harmonized Tariff Schedule, CBP defended its classification under heading 4202 via the ejusdem generis principle (“of the same kind”).
2005 CAFC Decision Said Goods in 4202 Must Have 4 Essential Characteristics
In Avenues in Leather Inc., v. U.S. (2005), the Court of Appeals for the Federal Circuit stated that ejusdem generis requires that any imported merchandise falling within the scope of heading 4202 must possess the same essential characteristics or purposes that unite the exemplars listed under the subheading. The CAFC has previously held that these essential characteristics consist of (1) organizing, (2) storing, (3) protecting, and (4) carrying various items.
The CAFC also stated that classification under the ejusdem generis principle is inappropriate when an imported article has a specific and primary purpose that is inconsistent with that of the listed exemplars in a particular heading.
CIT Concluded Crates Do Not Have 4202 Essential Characteristics
Due to a lack of an HTS subheading more correct than the basket provision provided by 6307.90.9889, the CIT has granted Firstrax's motion to classify the port-a-crates under this subheading. Following the approach used by the CAFC in Avenues in Leather, the CIT concluded that Firstrax's port-a-crates do not meet the four essential characteristics of the heading 4202 exemplars, as the crates:
Do not have an organizational function. Named exemplars of heading 4202 are specifically designed to organize a number of items. However, each port-a-crate is intended for only one pet. Unlike toiletry bags, which have multiple subcompartments, the crates also only have one compartment intended to house one dog. The CIT states it is doubtful that dogs or cats are capable of organization in such crates.
Are not designed to store/contain animals. Exemplars listed in heading 4202 store and/or contain inanimate objects of personal property, not living, breathing animals. Additionally, the port-a-crates are purposely designed not to store or contain living four-legged pets. Unlike pet carriers made of rigid materials, the soft crates do not comply with either U.S. domestic or IATA1 international standards for either cargo or in-cabin airline transport. The crates also provide no means of supplying food or water or dealing with urine or solid waste.
Do not provide any significant protection. The crates do not provide any significant protection as they are made of nylon and mesh that are permeable to aggressive animal fangs and claws and capable of being torn through. They do not provide much protection from weather elements, they are not airline safe, nor would they protect a pet from being crushed in an automobile collision. Rather, they are meant to be used in a home or other stable setting to provide a den-like refuge for their occupants.
Cannot carry/transport animals safely. The port-a-crates' structure and nylon materials prove they are not meant to hold and transport animals safely. They are not designed or tested to withstand the weight of a dog when carried but are designed to stand on a solid surface such as a floor. Additionally, the crate bottoms are not reinforced or rigid and can buckle under the weight of a dog.
1The International Air Transport Association
(See ITT's Online Archives 05102425 for summary of the CAFC's 2005 ruling in Avenues in Leather.)
(Slip Op. 11-133, dated 10/21/11)