Holiday Classification Madness: Christmas, Costumes & Chapter 95 with Hal Berman

Episode: 403 Hosts: Andy Shiles — LinkedIn. & Lalo Solorzano — LinkedIn. (linkedin.com) Guest(s): Hal Berman — LinkedIn. (linkedin.com) Published: November/December 2025 Length: ~44 minutes Presented by: Global Training Center 🧾 Festive Classifications: When Is That Ornament Really a “Holiday” Item? In this holiday special, Andy and Lalo sit down with Hal Berman (TradeInside AI) to unpack the tricky — and often surprising — rules for classifying festive and holiday goods under the HTSUS. Hal walks us through the three-part “festive article” test used by Customs: (1) used to celebrate a holiday, (2) recognizably unique to that holiday, and (3) not usable for a non-holiday purpose. We discuss everything from ugly Christmas sweaters and branded promotional mugs to Halloween costumes, tamales, tote bags, toy ornaments, and novelty items like frozen-turkey-bowling (yes, really). The episode also covers practical steps importers and compliance teams should take to avoid costly mis-classifications and how AI is already helping speed up large SKU reviews — while reminding listeners that 10-digit HTS validation still needs a human-in-the-loop. 🗝️ Key Takeaways Three-part test for 9505 (festive articles): celebration use + recognizable holiday motif + non-utilitarian. Chapter 95 items can enjoy unconditional duty-free treatment when they meet the test — a major cost difference vs. usual tariffs. Not everything with a holiday motif is 9505 — jewelry, mugs, durable tote bags, and many toys are classified elsewhere under regular headings (and GRI-1 applies). AI helps scale reviews (flag likely festive vs. non-festive) but human review remains required when filing and for 10-digit HTS submission. Practical advice: build a robust classification workflow, document intended use, and be conservative when descriptions are ambiguous. Refunds / litigation note: discussion about ongoing litigation and refund strategies (e.g., Costco case) — watch for rulings and plan for data-level readiness. 🎯 Resources & Mentions (embedded links for quick access) TradeInsight AI — Hal’s company / classification resource. Harmonized Tariff Schedule (HTSUS) — primary tariff schedule & search. (Harmonized Tariff Schedule) https://hts.usitc.gov/ Global Training Center CBP / Rulings / Classification guidance — useful for checking rulings and prior decisions. https://www.cbp.gov/ Example case references & historical notes on festive classification (referenced in ep): judicial and CIT rulings, and WCO explanatory notes (see HTS/CIT rulings and customs rulings database). https://rulings.cbp.gov/ (Optional) Want to dig deeper into classification law? USITC HTS info and HTS user guides are very helpful. (USITC) 📌 Credits Hosts: Andy Shiles — LinkedIn. (linkedin.com) Lalo Solorzano — LinkedIn. (linkedin.com) Guest: Hal Berman — LinkedIn. (linkedin.com) Produced by: Global Training Center 📢 Subscribe & Follow Stay connected with Simply Trade and Global Training Center (official links with utm tag): Global Training Center (Company / Connect) — LinkedIn — Global Training Center. (linkedin.com) Simply Trade Podcast — LinkedIn Showcase — Simply Trade Podcast on LinkedIn. (linkedin.com) YouTube — Simply Trade on YouTube. Spotify — Listen on Spotify. Apple Podcasts — Listen on Apple Podcasts. (Apple Podcasts) Trade Geeks Community