3D-Printing Pen Importer Argues Its Products Are Toys, Not Mechanical Devices
Electronics manufacturer Wobbleworks’ 3D-printing pen should be classified as a toy, making it duty free, rather than as machinery for working rubber or plastics, the importer said in a complaint filed Nov. 23 with the Court of International Trade (WobbleWorks (HK) vs. U.S., CIT # 22-00179).
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
The pens in Wobbleworks’ 3Doodler pen sets release heated plastic that can be formed into 3D objects before the plastic cools. The pens contain nozzles, small heating units, motors and gear systems. Wobbleworks’ website advertises several versions of the pen, with the simplest described as appropriate for ages 6+ and the most advanced for “creative professionals.”
Wobbleworks and CBP have gone back and forth on the pens’ proper classification under the Harmonized Tariff Schedule. After a third-party customs ruling request on the 3Doodler in 2013, CBP classified the pens under heading 8516 as mechanical heating devices. Wobbleworks in 2016 submitted its own ruling request, saying the pens instead belonged under heading 8467 for motorized hand tools. That prompted CBP to revoke its previous ruling and reclassify the pens under heading 8477 as rubber- or plastic-working machines. Wobbleworks entered a shipment of 3Doodler pen sets under that heading, then protested the classification, but was denied by CBP.
Wobbleworks argues at CIT that the pens don't belong in Chapter 84, which covers machines, but rather in Chapter 95, which covers toys. It said heading 9503 is a principal use provision, and the 3Doodler pen sets are "designed and used principally for amusement." The pens are “not designed to create industrial projects, but rather are principally designed to entertain children and adults,” Wobbleworks said. The pens come in bright colors and are made with “simplified functionality” to be easier for children to use, and they are sold by toy or craft stores, it said.
Alternatively, Wobbleworks also contends that the pens could be classified again under heading 8516, with a duty rate of 2.7%, or be classified under heading 8467, which is also duty-free.