## Facts

- Telebrands imported the “PedEgg,” a callus-removal pedicure product sold in plain cardboard packaging.
- The product consisted of (1) a stainless-steel micro-file that shaves/slices callused skin, (2) an egg-shaped plastic housing that encloses the blade, collects shavings, and closes for storage, and (3) two emery pads intended to be affixed to the exterior to smooth skin.
- U.S. Customs and Border Protection initially classified the merchandise as a pedicure set under HTSUS subheading 8214.20 (later referenced as 8214.20.90).
- Customs later reclassified the product under HTSUS subheading 8214.90.90 (“other” cutlery), resulting in a higher duty rate.
- Telebrands protested, asserting the PedEgg was a pedicure set in a non-leather container under subheading 8214.20.90 and that the cardboard box satisfied the container requirement.
- The parties agreed the material facts were undisputed; the case turned on the proper legal classification under the HTSUS.
- The Court of International Trade decided the case on cross-motions for summary judgment.

## Issues

1. Whether the PedEgg is classifiable as a “pedicure set” under HTSUS subheading 8214.20.90 or as “other cutlery” under HTSUS subheading 8214.90.90.
2. Whether the PedEgg constitutes a “set” (multiple discrete articles) and is packaged in a qualifying “container” within the meaning of the pedicure-set provision.
3. Whether the product should be treated as a single integrated instrument (with an accessory) such that classification is resolved under GRI 1 rather than a “set” analysis under GRI 3.

## Decision

- The court granted summary judgment to the United States.
- The court held the PedEgg is properly classified under HTSUS subheading 8214.90.90 as “other cutlery.”
- The court rejected classification under HTSUS subheading 8214.20.90 because the merchandise was not a pedicure “set” and the cardboard box was not a qualifying set container.
- The court concluded GRI 3 did not control because the merchandise was not prima facie classifiable under competing headings once properly characterized.

## Legal Principles

- Tariff classification is determined by the objective characteristics and intended use of the merchandise as imported, applying the HTSUS terms and the General Rules of Interpretation.
- A “set” classification under manicure/pedicure set provisions generally requires multiple distinct articles presented together, not components integrated into a single tool.
- Accessories designed to be affixed to and used as part of a single instrument may support treating the product as one article rather than separate articles in a set.
- Packaging that functions as ordinary retail/shipping material (e.g., a plain cardboard box) may fail a “container of a kind normally sold with sets” requirement where the provision contemplates a durable case-type container.
- GRI 3 applies only if the merchandise is prima facie classifiable under more than one heading; where one heading governs based on the product’s character and function, classification may be resolved under GRI 1.

## Conclusion

The Court of International Trade sustained Customs’ classification of the PedEgg as “other cutlery” under HTSUS 8214.90.90, holding that its integrated design and accessory pads did not make it a pedicure set and that its plain cardboard packaging did not satisfy the container requirement for pedicure sets.


Telebrands Corp. v. United States, 865 F. Supp. 2d 1277 (Ct. Int’l Trade 2012)