CIT: Trolls are Not Human
We live in an age in which we recognize and respect the great diversity of humanity. No matter your shape, color, or gender; your physical abilities or challenges; or your religious affiliation or lack thereof, you are a human being entitled to all of the rights and privileges of all other human beings.
Of course, that does not apply to Trolls. Trolls are gross little beings with wide noses between their big eyes and jug handle ears. Plus, their heads are disproportionately large and they have hair that stands tall like wheat in a Nebraska field. Sometimes, they have unnaturally green skin.
Don't get me wrong, some of my best friends are trolls. I wish them all the best. I just know to a legal certainty that they are not human and I don't want my kid marrying one.
I know this because the Court of International Trade told me so in Russ Berrie & Co., Inc. v. United States.
This is one of those cases that is a grind to get through and must have been so for the judge. There are many categories of items to be classified. In most cases, Plaintiff argued that the item should be classified in Heading 9505 as a festive, carnival, or entertainment articles. Customs and Border Protection wanted them classified as toys.
I am going to focus on the trolls here. If you want to know about the classification of practical jokes, candle holders, baby booties and other articles best categorized as "impulse buys," read the full opinion.
Chapter 95 covers toys. Heading 9502 covers dolls "representing only human beings." This is in contrast to Heading 9503, which covers "other toys." This puts the humanity of Trolls front and center before the Court of International Trade. The Court quickly eliminated 9502 by finding that "even if the Trolls are considered to be 'dolls,' they are not 'dolls representing only human beings.'" According to the Court, Trolls are "mythical, non-human creatures."
We have been over this ground before. See the discussion of whether Luke Skywalker is human.
The new question was whether a Troll dressed in a way that obviously relates to a holiday is a festive article. Our friend the Monster Troll up above is a case in point. [Update: I removed this image. It was a green-skinned troll dressed like Frankenstein's monster.] In short, the Court held that "however dressed, these goods are still toys, i.e., they are designed to provide amusement." Apparently a Monster Troll is not "traditionally used at Christmas," or by implication at other holidays including Halloween. Moreover, the Troll is not a decorative item for display at a holiday.
Plaintiff valiantly argued that the Toll was nevertheless an article for "entertainment." This did not fly. The examples in the Explanatory Notes associated with entertainment are things like magic tricks and practical jokes. There is, apparently, a difference between the "amusement" provided by a toy and the "entertainment" provided by a squirting boutonniere.
Because the Trolls are amusing rather than holiday-themed decorations, the Court classified them as toys.
I very much wonder about whether the fact that these items are called "Trolls" impacted the decision. Separate and apart from the Russ Berrie product, trolls are a traditional character of Norse mythology. So says Wikipedia. That is perfectly aligned with the determination that these toys represent non-human mythical figures. If the evidence before the court was the same toy but called "Little Buddies," "Annoying Children," or "Big Haired Humans," would the result be the same? The toys have hands, feet, bodies, faces, and ample hair. Are they much different from any other cartoonish doll? Personally, I don't think so. On the other hand, they are called Trolls, which has some meaning.
Now that we have resolved that trolls are not human, I am rethinking my analysis of this and this.
Of course, that does not apply to Trolls. Trolls are gross little beings with wide noses between their big eyes and jug handle ears. Plus, their heads are disproportionately large and they have hair that stands tall like wheat in a Nebraska field. Sometimes, they have unnaturally green skin.
I know this because the Court of International Trade told me so in Russ Berrie & Co., Inc. v. United States.
This is one of those cases that is a grind to get through and must have been so for the judge. There are many categories of items to be classified. In most cases, Plaintiff argued that the item should be classified in Heading 9505 as a festive, carnival, or entertainment articles. Customs and Border Protection wanted them classified as toys.
I am going to focus on the trolls here. If you want to know about the classification of practical jokes, candle holders, baby booties and other articles best categorized as "impulse buys," read the full opinion.
Chapter 95 covers toys. Heading 9502 covers dolls "representing only human beings." This is in contrast to Heading 9503, which covers "other toys." This puts the humanity of Trolls front and center before the Court of International Trade. The Court quickly eliminated 9502 by finding that "even if the Trolls are considered to be 'dolls,' they are not 'dolls representing only human beings.'" According to the Court, Trolls are "mythical, non-human creatures."
We have been over this ground before. See the discussion of whether Luke Skywalker is human.
The new question was whether a Troll dressed in a way that obviously relates to a holiday is a festive article. Our friend the Monster Troll up above is a case in point. [Update: I removed this image. It was a green-skinned troll dressed like Frankenstein's monster.] In short, the Court held that "however dressed, these goods are still toys, i.e., they are designed to provide amusement." Apparently a Monster Troll is not "traditionally used at Christmas," or by implication at other holidays including Halloween. Moreover, the Troll is not a decorative item for display at a holiday.
Plaintiff valiantly argued that the Toll was nevertheless an article for "entertainment." This did not fly. The examples in the Explanatory Notes associated with entertainment are things like magic tricks and practical jokes. There is, apparently, a difference between the "amusement" provided by a toy and the "entertainment" provided by a squirting boutonniere.
Because the Trolls are amusing rather than holiday-themed decorations, the Court classified them as toys.
I very much wonder about whether the fact that these items are called "Trolls" impacted the decision. Separate and apart from the Russ Berrie product, trolls are a traditional character of Norse mythology. So says Wikipedia. That is perfectly aligned with the determination that these toys represent non-human mythical figures. If the evidence before the court was the same toy but called "Little Buddies," "Annoying Children," or "Big Haired Humans," would the result be the same? The toys have hands, feet, bodies, faces, and ample hair. Are they much different from any other cartoonish doll? Personally, I don't think so. On the other hand, they are called Trolls, which has some meaning.
Now that we have resolved that trolls are not human, I am rethinking my analysis of this and this.
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