Plastic Fork
CN โ US| HS Code | Tariff Rate | Origin | Destination | Doc |
|---|---|---|---|---|
| 3924104000 | 13.4% | CN | US | Official Doc |
| 3926909989 | 22.8% | CN | US | Official Doc |
| 3926902500 | 24.0% | CN | US | Official Doc |
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AI Analysis
๐ด Plastic Forks & Nail Picks (Plastic Cutlery & Accessories)
๐ HS Code Reference & Customs Clearance Guide | 2026 Latest Tariff Analysis | Professional Entry Strategy
๐ I. Product Definition & Classification: Do You Know "Plastic Forks"?
Plastic cutlery and related plastic articles are ubiquitous in daily life and food service industries. However, in international trade, function and specific design determine the classification. While most standard plastic forks fall under kitchenware, specialized variants (like nail tools) may be classified differently due to their non-food contact purpose.
โ ๏ธ Key Distinction Point:
- If the item is a standard eating utensil (fork, spoon, knife) made of plastic โ Classify under 3924.10.40.00.
- If the item is a specialized tool (e.g., plastic nail pick, cosmetic tool) not primarily for eating โ It may fall under 3926.90 (Other plastic articles), specifically 3926.90.99.89 or 3926.90.25.00.
๐ฆ II. HS Code Classification Details (2026 Latest Tariff Authority Comparison)
| HS Code | Product Description | Application Scenario | Food Contact? | Tax Rate |
|---|---|---|---|---|
3924.10.40.00 |
Tableware and kitchenware of plastics: Forks, spoons, etc. | Standard plastic forks, spoons, knives for dining | โ Yes | 13.4% |
3926.90.99.89 |
Other plastic articles: Other (unspecified) | Plastic nail picks, specialized cosmetic plastic tools | โ No | 22.8% |
3926.90.25.00 |
Other plastic articles: Other, not elsewhere specified | Other unnamed plastic plastic products (general residual category) | โ No | 24.0% |
๐ Critical Reminder:
- Standard Plastic Forks MUST be classified under 3924.10.40.00 to benefit from the lower tax rate (13.4%).
- If you misclassify a standard plastic fork as a "general plastic article" (3926.90...), you risk paying higher taxes (22.8%~24.0%) and potentially facing customs audits for incorrect declaration.
- Plastic Nail Picks are NOT tableware. They must be classified under 3926.90.99.89 (22.8%) or 3926.90.25.00 (24.0%), depending on specific design details. Do NOT use 3924.10 for nail picks.
๐ฐ III. 2026 Latest Tariff Rate Details (Including Surcharges & Policy Add-ons)
โ Applicable Country: United States (US)
โ Origin: China (CN)
โ Effective Date: From November 10, 2025 (including subsequent imports)
๐ฏ 1. 3924.10.40.00 โโ Plastic Tableware: Forks, Spoons, etc.
| Item | Content |
|---|---|
| Basic Tariff | 3.4% (Ad Valorem) |
| Section 301 Surcharge | 0.0% (Note: Specific to this sub-heading in the provided data) |
| Section 122 Tariff | 10.0% |
| Total Tax Rate | 13.4% |
| Tax Calculation | CIF Value ร 13.4% |
| De Minimis Exemption | โ Not Eligible (Section 122 taxes generally bypass de minimis thresholds for certain goods, and Section 301/122 complexities often require formal entry) |
| Legal Basis Path | HTSUS:3924.10.40.00 โ Section 122 Authority |
๐ Explanation:
- The 13.4% total rate is composed of a modest basic tariff (3.4%) plus a significant Section 122 surcharge (10%).
- Section 122 refers to tariffs imposed under Section 122 of the Trade Act of 1974, often used for national security or economic balance reasons. This is a fixed/add-on burden regardless of the base duty.
- Crucial: Even if the base duty is low, the 10% Section 122 tax makes the total cost nearly 4x higher than the base rate alone.
๐ฏ 2. 3926.90.99.89 โโ Other Plastic Articles (e.g., Plastic Nail Picks)
| Item | Content |
|---|---|
| Basic Tariff | 5.3% (Ad Valorem) |
| Section 301 Surcharge | 7.5% |
| Section 122 Tariff | 10.0% |
| Total Tax Rate | 22.8% |
| Tax Calculation | CIF Value ร 22.8% |
| De Minimis Exemption | โ Not Eligible (High combined rate) |
| Legal Basis Path | HTSUS:3926.90.99.89 โ Section 301 Footnote โ Section 122 Authority |
๐ Note:
- This category applies to non-tableware plastic items like nail picks.
- The tax is higher than standard forks because it incurs both Section 301 (7.5%) and Section 122 (10%) surcharges, plus a higher base duty (5.3%).
- Result: Importing plastic nail picks as "general plastic goods" is more expensive than importing standard plastic forks.
๐ฏ 3. 3926.90.25.00 โโ Other Plastic Articles (Unspecified)
| Item | Content |
|---|---|
| Basic Tariff | 6.5% (Ad Valorem) |
| Section 301 Surcharge | 7.5% |
| Section 122 Tariff | 10.0% |
| Total Tax Rate | 24.0% |
| Tax Calculation | CIF Value ร 24.0% |
| De Minimis Exemption | โ Not Eligible |
| Legal Basis Path | HTSUS:3926.90.25.00 โ Section 301 Footnote โ Section 122 Authority |
๐ Note:
- This is the highest tax bracket in the provided dataset (24.0%).
- It applies to plastic items that do not fit into more specific "other articles" categories.
- Strategy: Avoid this code unless necessary, as it maximizes tax liability.
๐ ๏ธ IV. Customs Clearance Practical Advice (ๅฎๆ้ฟๅๆๅ)
โ 1. Prepare the Following Documents (Non-negotiable)
| Document | Mandatory? | Description |
|---|---|---|
| โ Product Specification Sheet | โ๏ธ | Must clearly state: Material (Plastic), Type (Fork/Nail Pick), Dimensions, Intended Use. |
| โ Product Photos | โ๏ธ | Clear images of the front, back, and any packaging. Show if itโs a fork or a nail pick. |
| โ Commercial Invoice | โ๏ธ | Must match the HS Code. E.g., "Plastic Forks for Tableware" vs. "Plastic Nail Picks". |
| โ Packing List | โ๏ธ | Detail net/gross weight, number of pieces. |
| โ Material Declaration | โ๏ธ | Confirm FDA compliance if for food contact (critical for 3924.10). |
| โ Certificate of Origin | โ๏ธ | To prove Chinese origin (triggers Section 122/301). |
โ 2. Declaration Tips (Key Mantra)
๐ฅ "Fork is Tableware (3924), Nail Pick is Accessory (3926)!"
| Scenario | Correct Declaration | Wrong Approach | Consequence |
|---|---|---|---|
| Standard Plastic Fork | 3924.10.40.00 |
Misclassified as 3926.90.99.89 |
Overpay 9.4% tax (22.8% vs 13.4%) |
| Plastic Nail Pick | 3926.90.99.89 |
Misclassified as 3924.10.40.00 |
Customs Penalty (Incorrect description) + Back taxes |
| Mixed Shipment (Forks + Nail Picks) | Split HS Codes | Combine under one code | Rejection/Seizure or forced higher tax on all items |
| Generic "Plastic Tools" | 3926.90.25.00 |
Vague description "Plastic Stuff" | Highest Tax (24.0%) + Customs Audit |
โ 3. Special Situation Handling
| Situation | Handling Advice |
|---|---|
| OEM Custom Forks | Ensure the product description emphasizes "Tableware" or "Cutlery" to support 3924.10.40.00. |
| Fork-like Nail Picks | If the item looks like a fork but is used for nails, DO NOT use 3924.10. Use 3926.90.99.89. Evidence of use (marketing materials) matters. |
| Small Quantity Samples | Even small quantities are subject to the full tax rate if declared as commercial goods. De minimis may not apply due to Section 122/301. |
| Plastic Cutlery with Wooden Handles | Mixed material goods may fall under different HTS chapters (e.g., 4418 for wood). Consult a specialist. |
๐ V. Global Market Comparison (2026 Latest)
| Country/Region | Recommended HS Code | Tariff | Certification | Notes |
|---|---|---|---|---|
| ๐บ๐ธ USA | 3924.10.40.00 (Forks) |
13.4% | FDA (if food contact) | Section 122 + 301 apply heavily. |
| ๐ช๐บ EU | 3924.10 |
4.2% | REACH, LFGB | No Section 122/301. Much cheaper. |
| ๐จ๐ณ China | 3924.10 |
8.0% | GB Standards | Domestic trade rules differ. |
| ๐ฌ๐ง UK | 3924.10 |
4.0% | UKCA | Post-Brexit tariffs apply. |
๐ Conclusion:
- The US market is the most expensive for plastic tableware due to the 13.4% effective rate (3.4% base + 10% Sec 122).
- Nail picks/cosmetic tools are even more expensive in the US (22.8%~24.0%) due to additional Section 301 tariffs.
- Recommendation: If possible, source plastic cutlery from non-China origins (e.g., Vietnam, Thailand) to avoid Section 122/301 surcharges, potentially reducing costs to ~0-5%.
๐ VI. Common Mistakes & Pitfalls (Blood & Tears Lessons)
โ Mistake 1: Declaring "Plastic Nail Picks" as "Plastic Forks" (3924.10)
๐ Consequence: Customs will reclassify them as 3926.90.99.89 (22.8%), charge the difference, and issue a penalty.
๐ Solution: Accurate product naming is critical. Use "Nail Pick" not "Fork".
โ Mistake 2: Ignoring Section 122 Tax
๐ Consequence: Underestimating landed cost. A 13.4% rate seems low, but the 10% Sec 122 is a hard cost that doesn't fluctuate.
๐ Solution: Factor in 13.4% for forks and 22.8%+ for other plastic goods in your pricing model.
โ Mistake 3: Mixing Goods Under One HS Code
๐ Consequence: If a shipment contains both forks (13.4%) and nail picks (22.8%), declaring all as "Plastic Forks" risks a full audit. Declaring all as "Nail Picks" overpays tax.
๐ Solution: Split the shipment or declare clearly on the invoice with separate line items.
โ Correct Practice:
"Plastic Forks, Polypropylene, for Tableware, FDA Compliant" โ 3924.10.40.00
"Plastic Nail Picks, Acrylic, Cosmetic Tool" โ 3926.90.99.89
๐ฏ VII. Conclusion: Precision Saves Money!
๐ฏ Remember the Mantra:
๐น "Fork = 3924 (13.4%), Pick = 3926 (22.8%+)"
๐น "Section 122 is the Silent Killer: 10% Flat Tax!"
๐น "Don't Mix Tableware with Accessories!"
๐ Pro Tip:
If you are importing large volumes of plastic cutlery, consider supply chain diversification. Sourcing from countries not subject to Section 122/301 tariffs (like ASEAN nations) can save you 10-20% in taxes.
๐ฃ Immediate Action:
๐ Contact your customs broker with product photos.
๐ Apply for a Pre-Ruling (if available) to confirm HS Code.
๐ฐ Calculate Landed Cost using 13.4% (for forks) and 22.8% (for picks) to ensure profitability.
โจ Professional Clearance Starts with Accurate Classification!
๐ผ Every percentage point saved is pure profit!
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About HS Code Classification
The Harmonized System (HS) is an internationally standardized nomenclature developed by the World Customs Organization (WCO) to classify traded products. Over 200 countries use the HS system as the basis for customs tariffs, trade statistics, and import/export regulations.
Each HS code follows a hierarchical structure:
- Chapter (2 digits) โ Broad category of goods (e.g., Chapter 84: Machinery and Mechanical Appliances)
- Heading (4 digits) โ More specific grouping within the chapter
- Subheading (6 digits) โ Internationally standardized breakdown, used by all WCO member countries
- National subdivisions (8-10 digits) โ Country-specific extensions for further classification, such as US HTSUS 10-digit codes
Correct HS code classification is essential for smooth customs clearance, accurate duty payment, and compliance with trade regulations. Misclassification can lead to customs delays, overpayment of duties, or penalties.
When importing from CN to US, the applicable tariff rates may include:
- Most-Favored-Nation (MFN) rate โ The standard duty rate applied to WTO members
- General rate โ Applied to countries without trade agreements
- Trade remedy duties โ Additional tariffs such as Section 301 (anti-dumping), Section 232 (national security), or countervailing duties
The information provided on this page is for reference purposes only. For official classification, please consult with your local customs authority or a licensed customs broker.