CBP Withdraws Proposed Ruling Revocation on Children's Fishing Rod and Reel

CBP is withdrawing a proposed ruling revocation on children's fishing rod and reel combinations after further review, CBP said in the July 11 Customs Bulletin (Vol. 52, No. 28). CBP proposed the revocation in September of 2016 (see 1609290012), saying that because children’s fishing rods and reels are not principally used for amusement purposes, they are not classifiable as a “toy” under heading 9503. Additional consideration of physical characteristics of fishing rods led to CBP's decision to withdraw its proposal, it said.

Following some comments on the proposal and further CBP analysis, the agency "reexamined fishing rods and reels in general and children’s fishing rods and reels as they relate to the physical characteristics making them suitable for sport fishing," it said. CBP has "learned that the products were designed for children between the ages of three and six to develop basic casting skills and allow them to pretend to fish," it said.

CBP took a closer look at "gear ratios" that "determine the speed at which a reel picks up line," the agency said. The Shrek-themed fishing rod at issue has an "inferior or simplistic gear ratio," CBP said. The "fishing rod and reel combinations are toy like in appearance and construction and, with the exception of their monofilament line, simply are not sturdy or agile enough for successful and regular sport fishing," CBP said. As a result, CBP now considers that the "amusement value" of the fishing rod "outweighs their utility value for sport fishing," the agency said.