Classification

Principal Use

The use of a class or kind of merchandise that exceeds any other single use — determines classification under use-based provisions.

Principal Use is the use of the class or kind of goods to which an article belongs that exceeds any other single use. Under Additional U.S. Rule of Interpretation 1(a), a tariff classification controlled by use (other than actual use) is determined by principal use.

Importantly, principal use looks to the class or kind of goods — not the specific use of a particular shipment. CBP and the courts apply the Carborundum factors from United States v. Carborundum Co. to determine principal use, considering:

  • General physical characteristics
  • Expectations of the ultimate purchaser
  • Channels of trade in which sold
  • Environment of sale (advertising, marketing, display)
  • Recognition in the trade
  • Economic practicality
  • Manner in which the goods are used

A use must exceed all other individual uses combined — but it need not be the majority use. A 40% use can be the principal use if no other single use exceeds 40%.

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