Textile sling classification under heading 6307.90 upheld; confiscation and penalty sustained for restricted imports.

Polyester webbing slings used for lifting cargo were treated as specially made textile articles designed for use only with cranes and other lifting equipment, not as consumer goods or items covered by Chapter 59. The Chapter 59 notes were held inapplicable, including on ejusdem generis reasoning, because their illustrative goods were packing, lubricating, gasket, washer and polishing items rather than lifting accessories. The alternate classification claim under heading 5607 was rejected, and classification under heading 6307.90 was accepted, with the consequence that the import restriction, confiscation and penalty were upheld.

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Issues: Whether polyester webbing slings used for lifting cargo were classifiable under Chapter 59 or under heading 6307.90, and whether the resulting confiscation and penalty were sustainable.

Analysis: The goods were found to be specially made textile slings designed for lifting heavy loads with cranes and other lifting equipment. They were held to be technological items used only in conjunction with machinery, and not consumer goods or articles covered by Chapter 59. The Chapter 59 notes were held inapplicable, including on the principle of ejusdem generis, because the illustrative items thereunder related to packing, lubricating, gaskets, washers and polishing discs, not lifting accessories. The alternate claim under heading 5607 was also rejected, and the classification adopted by the lower authorities under 6307.90 was accepted. As imports under that heading were restricted, confiscation was upheld.

Conclusion: The classification under heading 6307.90 was upheld and the challenge to confiscation and penalty failed.

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