Importers Join Forces in 3D Pen Set Classification Case

Importers seeking reclassification of their 3D-printing pens as toys rather than machinery consolidated their cases Feb. 5 at the Court of International Trade (Quantified Operations Limited v. U.S., CIT Consol. # 22-00178).

Courts have considered goods to be “toys” if they are “designed and used for amusement, diversion or play, rather than practicality,” importers Quantified Operations and WobbleWorks said again in their consolidated complaint. They said their 3D pen sets “are predominantly intended, marketed, and used by children, teenagers, and adults for amusement purposes,” and should be classified under Harmonized Tariff Schedule heading 9503 for toys, rather than under heading 8477 for rubber- or plastic-working machines.

WobbleWorks (see 2311290075) and Quantified (see 2312040074) each filed initial complaints late last year.