In Detail
Ordinary meaning and common commercial meaning are closely related but distinct concepts in tariff classification. Ordinary meaning is the plain reading of the words used in a heading — their natural, everyday sense. Common commercial meaning is the meaning goods have in the relevant trade. In many cases they are identical; in others, trade usage refines or narrows the ordinary meaning.
Courts begin the interpretation of tariff terms with the ordinary meaning of the words — what a person familiar with the English language, but without specialized industry expertise, would understand the terms to mean. This is the default interpretive starting point. It is departed from when trade usage, definitional notes, or eo nomine classifications establish a different meaning.
Ordinary meaning analysis typically involves consulting general-purpose dictionaries — Merriam-Webster, Oxford, and similar references — to establish the baseline sense of a term. Scientific or technical dictionaries may also be consulted when the ordinary meaning of a term diverges significantly from its technical meaning. Courts weigh multiple sources and resolve conflicts between them.
The ordinary meaning of a term is read in context — heading text is not parsed word by word in isolation but as a complete description. Surrounding words, parallel provisions, and the heading's position in the chapter all inform what the ordinary meaning of each term should be in context.
Classification Significance
Ordinary meaning anchors every classification analysis. Before trade usage, note definitions, or court precedents are consulted, ordinary meaning establishes what the heading text says and what goods it naturally covers. Departing from ordinary meaning requires an affirmative basis — a definitional note, established trade usage, or controlling case law. Classifications that disregard ordinary meaning without such a basis are difficult to defend.
How Kanon Handles This
Kanon uses ordinary meaning as the baseline when evaluating whether heading text covers a product's attributes. For attributes that correspond to terms appearing in headings, Kanon applies the ordinary meaning of those terms when no controlling definitional note or established trade meaning applies. The interpretation used is documented in the Classification Support Package.
Frequently Asked Questions
Is ordinary meaning always the controlling standard?
No — it is the baseline. Definitional notes, trade usage, and court precedent can each establish a different meaning that overrides ordinary meaning.
Which dictionaries do CBP and courts use?
General dictionaries (Merriam-Webster, Oxford) for ordinary meaning; technical and industry dictionaries for specialized terms. Courts have discretion to weigh multiple sources.