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Classification Changes: Art Set, Inkjet Printer, Grader Systems, Showerheads, Battery Packs

Monday, August 17, 2015
Sandler, Travis & Rosenberg Trade Report

The following proposed or final revocations and modifications of U.S. Customs and Border Protection classification rulings are included in the Aug. 5, 2015, Customs Bulletin and Decisions. Comments on the proposed revocations and modifications are due no later than Sept. 4 and the final revocations and modifications will be effective for goods entered or withdrawn from warehouse for consumption on or after Oct. 5.

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Sponge Art Set. CBP is proposing to modify ruling HQ 957131 to amend the reasoning for its classification of a sponge art set composed of six shaped sponges, six jumbo glitter watercolor paints, six sheets of coated paper and one artist brush. CBP classified this product, including the coated paper packaged with the set, as a set under HTSUS 3213.10.0000 (6.5 percent duty) by application of General Rule of Interpretation 1. It is now CBP’s position that the product may not be classified as a GRI 1 set because the plain language of heading 3213 does not include any reference to sheets of paper or other media onto which the user will paint. Instead, the product is properly classified under HTSUS 3213.10 by application of GRI 3(b) because the watercolor glitter paint provides the essential character of the product.

Inkjet Printer/Cutter. CBP is proposing to reclassify a wide format inkjet printer/cutter designed to produce outdoor graphics that are UV- and water-resistant as other ink jet printers under HTSUS 8443.32.10 (duty-free) rather than as other machinery for molding or otherwise forming under HTSUS 8477.80.00 (3.1 percent duty). CBP explains that the principal function of the product is to print graphics on a variety of materials and that it should therefore be classified as if consisting only of the printer. Ruling NY N004132 would be modified to reflect this change.

Grader Systems. CBP is reclassifying a grader system used in the weighing, grading and sizing of chicken fillets and tenders, chunk meats, fish and other food products as constant-weight scales and scales for discharging a predetermined weight of material into a bag or container under HTSUS 8423.30.00 (duty-free) rather than as scales for continuous weighing of goods on conveyors under HTSUS 8423.20.00. CBP explains that this item does not perform a function covered by HTSUS 8423.20 and that because it is equipped with mechanical discharge arms to pull the chicken thighs from the scale into the pneumatically-operated batching bin it is prima facie classifiable under HTSUS 8423.30. Ruling HQ H242605 will revoke ruling HQ 961522 to reflect this change.

Showerheads. CBP is reclassifying two styles of decorative showerheads as other brass plumbing goods not elsewhere specified or included under HTSUS 7419.99.50 (duty-free) rather than as brass sanitary ware and parts thereof under HTSUS 7418.20.10 (3 percent duty). CBP explains that a showerhead is a plumbing accessory rather than a plumbing fixture and therefore is not sanitary ware. Rulings HQ H092556 and HQ H092558 will revoke rulings NY R01416 and NY F87785 to reflect this change.

Battery Packs. CBP is reclassifying rechargeable battery packs, some used for iPhones and other electronic devices and some used to provide battery power to a motor vehicle, as lithium-ion batteries under HTSUS 8507.60.00 (3.4 percent duty) rather than as static converters for telecommunications apparatus under HTSUS 8504.40.8500 (duty-free) or power supplies under HTSUS 8504.40.9530 (1.5 percent duty). Among other things, CBP notes that these items do not charge other goods by connecting them directly to an electrical outlet as items classified in heading 8504 do. Ruling HQ H249299 will modify rulings NY N233902, NY N231545, NY N004618 and NY N232914, and modify ruling NY N233370, to reflect this change.

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