Signage on Rubbermaid Safety Cones Incidental to Purpose, CBP Rules

Rubbermaid-brand "pop-up" cones that include written warnings shouldn't be classified as "other printed matter," CBP said in HQ H185698 (here), a July 24 internal advice ruling. Rubbermaid "is undergoing a Focused Assessment and sought classification guidance on the subject merchandise from the Port of Norfolk," said CBP. The company argued that multiple types of cones, made from either plastic or fabric, were best classified in heading 4911 as other printed matter, but CBP disagreed on whether the products provide a "barrier function."

Rubbermaid told CBP "that the subject cones do not perform a barrier function because they do not impede, obstruct, hinder or block the passage of approaching pedestrians, and that the writing and pictures on the cones are warnings that alert pedestrians, much like a sign that is posted or displayed," the agency said. While the cones do include a written warning, "the three-dimensional objects themselves provide a physical warning that creates a physical diversion and form a physical barrier between the pedestrian and the danger," said CBP. The agency said "the subject merchandise is similar to merchandise such as the familiar orange and white traffic cones that are placed in roadways to steer traffic around accidents or holes in the pavement."

CBP's conclusion is "supported by the fact that Rubbermaid sells similar safety products that are marketed as barriers but which do not contain any words on them," the agency said The "printed matter on the subject merchandise is merely incidental to the functions performed by the physical warning devices," CBP said in the ruling. The plastic cones are best classified in subheading 3926.90.99 as articles of plastics that aren't provided for elsewhere, which has a 5.3 percent duty rate, CBP said.

Rubbermaid also argued that other styles of pop-up cones made of fabric also don't meet the definition of a barrier and should be considered printed material in heading 4911. Textile warning signs CBP previously found to be classifiable under heading 4911 were primarily used to convey a written message or warning, said the agency. In this case, "clearly, the primary use of the subject merchandise is not to convey a printed message," CBP said. The textile cones are best classified in under subheading 6307.90.98, which provides for “Other made up articles, including dress patterns: Other: Other: Other,” which includes a 7 percent duty rate, said CBP.