The makers of X-Men action figures claim that since the X-Men are not human (mutants, duh!), that the action figures aren’t dolls but, rather, toys and thus qualify for lower import tariffs. Or something!

Customs classified the items as “Dolls representing only human beings and parts and accessories thereof: Dolls whether or not dressed: Other: Not over 33 cm in height,” under subheading 9502.10.40 of the HTSUS (1994), dutiable at 12 ad valorem. Toy Biz contends that the action figures at issue are properly classifiable as “Toys representing animals or other non-human creatures (for example, robots and monsters) and parts and accessories thereof: Other,” under subheading 9503.49.00, HTSUS (1994), dutiable at 6.8% ad valorem.