Ejusdem Generis
Ejusdem generis (Latin: "of the same kind") is a rule of statutory construction applied in HTSUS classification that limits the reach of catch-all or residual terms in a heading or legal note to goods of the same class or kind as the specific items explicitly listed. A phrase like "and similar articles" or "and the like" does not encompass every conceivable article — only goods similar in character to those named.
In Detail
Ejusdem generis appears throughout the HTSUS wherever a heading or note uses residual language after a list of specific items: "hammers, wrenches, pliers, and similar hand tools"; "chairs, sofas, and other seats"; "petroleum oils and oils obtained from bituminous minerals, and preparations thereof." In each case, the catch-all phrase is limited by the doctrine to goods of the same fundamental class as those specifically named — it does not become a general "all other goods" provision.
The doctrine is applied most rigorously in CBP rulings and CIT decisions when parties argue for expanded coverage under a catch-all heading. The analysis requires identifying the essential characteristics shared by the specifically named items, then asking whether the candidate product shares those characteristics. WCO Explanatory Notes often provide guidance on what constitutes a "similar" article for specific headings, and CBP binding rulings on prior applications of ejusdem generis in a category are important precedent.
Ejusdem generis is distinct from the eo nomine principle but works alongside it. Eo nomine focuses on whether an article is specifically named and thus commands classification. Ejusdem generis determines whether an unnamed article falls within a catch-all that follows a list — a complementary question that arises when the product is not named but arguably fits the residual language. Together, these principles define the scope of HTSUS headings from both the named and unnamed ends.
Classification Significance
Ejusdem generis errors run in both directions. Reading a catch-all too broadly pulls unrelated products into a heading where they don't belong, typically at an incorrect duty rate. Reading it too narrowly excludes products that should fall within the heading's class, producing misclassification in the opposite direction. The doctrine matters most in headings with significant catch-all provisions, in chapter note exclusion and inclusion lists, and in any situation where a product is not specifically named but arguably fits a residual provision.
How Kanon Handles This
Kanon applies ejusdem generis when evaluating catch-all provisions in chapter notes and heading text. The analysis documents the specific items listed before the catch-all phrase, identifies the common class characteristics, and assesses whether the product shares those characteristics — with the determination and citation recorded in the Classification Support Package.