Compliance Disclaimer

Purpose of This Tool

GingerControl's Pre-Classification Research Tool and related compliance tools are pre-classification research tools that provide results for general reference, educational, and planning purposes only. They are designed to enable more effective communication between trade compliance teams, importers, and licensed customs brokers, not to replace any party in that workflow.

Regulatory Background, CBP Ruling HQ H290535

On September 29, 2022, U.S. Customs and Border Protection issued Ruling HQ H290535 addressing whether providing HTS classifications for specific goods constitutes “customs business” under federal law. The ruling established that:

• Providing HTS classifications at the 6-digit HS level (international harmonized headings) does not constitute customs business.
• Providing HTS classifications beyond 6 digits (8- or 10-digit U.S.-specific codes) for specific goods intended for importation does constitute “customs business” under 19 U.S.C. § 1641 and requires a licensed customs broker.
• Disclaimers alone do not change the legal character of the activity.

This ruling built upon prior precedent including HQ H272798 (general-purpose educational databases are permissible) and HQ H068278 (software that automatically generates customs entry data requires a broker license).

How This Applies to GingerControl

GingerControl's classification tools may return HTS codes at the 8- or 10-digit level. Under the framework established by HQ H290535, users must understand the following:

1. Classification results from GingerControl are provided for general reference, educational, and planning purposes only.
2. Results must not be used directly in customs entry documents without independent review by a licensed customs broker.
3. Users are responsible for verifying all classification results before use in import transactions.
4. Per CBP Ruling HQ H290535, providing HTS classifications beyond 6 digits for specific goods intended for importation constitutes “customs business” under 19 U.S.C. § 1641.

GingerControl's Role

GingerControl is a pre-classification research tool, not a customs broker. We do not file customs entries, act as importer of record, or provide licensed customs brokerage services.GingerControl is designed to work alongside licensed customs brokers, importers, and trade compliance professionals, enabling better-informed conversations between all parties before classification decisions are finalized.

Every research output includes full GRI reasoning chains, confidence scores, timestamps, and source references so that compliance teams, importers, and brokers share a common foundation for discussion and review.

1. AI-Assisted Informational Tool

This Pre-Classification Research Report is generated by an artificial intelligence (AI) system provided by GingerControl. It is provided for informational purposes only and is intended solely as a support tool to assist, not replace, human decision-making.

2. No Legal or Customs Advice

This report does not constitute legal, tax, customs, or trade compliance advice. No attorney-client or broker-client relationship is created by your use of this software or receipt of this report.

3. User Responsibility & Reasonable Care (19 U.S.C. § 1484)

The Importer of Record is solely responsible for the accuracy of all customs declarations. Under 19 U.S.C. § 1484, the importer is legally required to exercise “reasonable care” in classifying and valuing merchandise. Reliance on this software alone does not constitute reasonable care. Users must verify all suggestions against the official Harmonized Tariff Schedule of the United States (HTSUS) and consult with a licensed customs broker or trade attorney.

4. No Warranties (“As Is”)

These services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, express or implied, including implied warranties of merchantability or fitness for a particular purpose. GingerControl does not warrant that the results are error-free. The suggested HTS codes are based entirely on the product data provided by the user; GingerControl is not responsible for errors resulting from incomplete, ambiguous, or inaccurate user inputs.

5. Not a Binding Ruling

This report does not represent a binding ruling or official determination by U.S. Customs and Border Protection (CBP) under 19 C.F.R. Part 177. The suggested HTS code may not reflect the final determination by CBP.

6. Limitation of Liability

To the fullest extent permitted by law, GingerControl and its affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to customs penalties (under 19 U.S.C. § 1592), fines, audits, seizure of goods, demurrage, or storage fees, arising out of or in connection with the use of or reliance on this report.

Exported Reports

Classification reports exported from GingerControl (PDF or other formats) are watermarked with the following notice:

For general reference and research purposes only. Not for direct use in customs entry documents. Classification results must be verified by a licensed customs broker prior to importation.

Penalties for Non-Compliance

Under 19 U.S.C. § 1641, conducting customs business without a license may result in penalties of up to $10,000 per violation. GingerControl provides this disclaimer to help users understand their obligations under federal law.

Questions

If you have questions about how this disclaimer applies to your use case, please contact us at chen.cui@gingercontrol.com.