How to Classify New or Unique Products with No Clear HTS Code

If you’re importing something cutting-edge, niche, or just plain weird, chances are you’ve stared at the Harmonized Tariff Schedule and thought: Where the hell does this go?

You’re not alone. In fact, many importers dealing with innovative or hybrid products find themselves stuck in HTS purgatory. Their products are too specific for broad categories, too novel for existing rulings, and too important to guess wrong.

So how do you classify something that doesn’t fit neatly into a box (literally or figuratively)? Let’s walk through it.

Start With the General Rules of Interpretation (GRIs)

Before you get lost in the weeds, remember: the HTSUS isn’t a search engine. It’s a legal document governed by a series of rules (the General Rules of Interpretation) which must be applied in order. For ambiguous products, GRIs 1 through 6 are your compass.

• GRI 1 directs you to classify based on the text of the headings and any relevant section or chapter notes.

• If no heading fits, GRI 3 comes into play. This includes rules for composite goods, mixtures, and essential character

• And if you’re still scratching your head, GRI 4 provides a fallback: classify the product as if it were most like something already in the schedule.

Dig Into Explanatory Notes (ENs)

HTSUS Explanatory Notes aren’t legally binding, but they’re heavily relied upon by CBP when interpreting headings. If your product doesn’t fit the text of a heading, the ENs might provide critical guidance or at least point you in the right direction.

For new products that blur categories (e.g., smart devices that are part appliance, part computer), the ENs often include examples, exclusions, or clarifying language that can help you rule out incorrect codes.

Examine Component Materials and Function

If your product is made of multiple materials or serves multiple functions, you’ll likely need to determine which component gives it its essential character (hello again, GRI 3). This often involves looking at:

• The primary use

• The component that provides the main function

• Consumer perception

• Value breakdown

Let’s say you’re importing a high-tech yoga mat with embedded sensors. Is it a sporting article? A measuring device? A novelty item? Your answer depends on how it’s used and what function dominates.

Check CROSS Rulings for Similar Items

Your product might be new to you, but it’s worth checking if CBP has ruled on similar or related items. The CROSS database contains thousands of binding rulings that can serve as a reference point, even if your product isn’t an exact match.

Look for similarities in material, use, form, or technology. If you find something close, study how CBP justified their classification and note any language that could help support your position.

Request a Binding Ruling (Before You Ship)

If you’re still stuck and the stakes are high, requesting a binding ruling from CBP is your best move. A favorable ruling gives you certainty, protects against penalties, and provides a defensible position in case of future audits.

But timing is everything. Once your goods are en route, you’re gambling. Get your ruling before your product hits the port.

Don’t Forget Country of Origin Implications

Your HTS classification doesn’t just determine duty rates. It can also influence country of origin determinations when paired with tariff shift rules for free trade agreements and duty-preference programs. For products manufactured or assembled in multiple countries, the code you assign may help determine whether substantial transformation occurred.

So if you’re working on an origin strategy, be sure your classification supports your plan, not undermines it. 

When the Code Isn’t Clear, Get Help

Classifying a new or unusual product is part art, part science, and part legal interpretation. If you’re guessing, you’re risking. But with the right guidance you can defend your classification with confidence.

O’Meara & Associates helps importers navigate the gray areas of the HTS with clarity, strategy, and a healthy respect for what CBP cares about most: getting it right. If your product doesn’t fit neatly into the schedule, contact us today so we can help you build a classification strategy that does.