CAFC Says Importers' Net Wraps for Hay Baling Machine Not 'Part' of the Machine

The U.S. Court of Appeals for the Federal Circuit on March 7 sustained CBP's classification of importer RKW Klerks' net wrap products used in hay baling machines under Harmonized Tariff Schedule subheading 6005.39.00 as "warp knit fabric," dutiable at 10%, instead of the importer's subheading of 8433.90.50, as "parts" of harvesting machinery. Judges Richard Taranto, Raymond Chen and Tiffany Cunningham said the net wraps are not "parts" as defined by the HTS since the wraps have "additional function outside the machine." The court added that a "consumable" item, "like bullets in a gun," isn't solely meant for use within the machine "simply because it is used exclusively by the machine."