Classification Changes Proposed for Garden Spreaders, Steel Pipes, Wireless Speakers
The following proposed revocations and modifications of U.S. Customs and Border Protection rulings are included in the May 20, 2020, Customs Bulletin and Decisions. Comments on these proposed changes are due by June 19.
For more information on how to seek or utilize classification and other rulings, please contact customs attorney Deb Stern at (305) 894-1007.
CBP is proposing to reclassify garden spreaders and handheld spreaders as other machines and mechanical appliances under HTSUS 8479.89.9499 (2.5 percent duty) rather than as other plastic household articles under HTSUS 3924.90.55 (3.4 percent duty). CBP explains that the spreaders have an active mechanical function, unlike the watering cans named as an exemplar in the Explanatory Notes for chapter 39.24. Ruling NY F89845 would be revoked, and ruling NY K83210 would be modified, to reflect this change.
Alloy Steel Pipes
CBP is proposing to reclassify alloy steel pipes principally used for power, refinery, heater, oil and gas, and paper and pulp applications as heat-resisting steel tubes and pipes suitable for use in boilers, superheaters, etc., under HTSUS 7304.59.2030 (duty-free) rather than as other tubes and pipes suitable for use in boilers, superheaters, etc., broken out by wall diameter under HTSUS 7304.59.2055, 7304.59.2060, and 7304.59.2070. CBP explains that the properties of these pipes indicate that they are actually, practically, and commercially fit for use in boilers, etc., and that even if they are not chiefly used in that way there is more than evidence of a casual, incidental, exceptional, or possible use. Rulings NY N303737 and NY N303738 would be revoked to reflect this change.
CBP is proposing to reclassify multifunction wireless speakers as multiple loudspeakers mounted in the same enclosure under HTSUS 8518.22.00 (duty-free) rather than as apparatus for the reception, conversion, and transmission or regeneration of voice, images, or other data under HTSUS 8517.62.0050 (duty-free). CBP reiterates its holding in ruling H281100 that where the principal function of a device such as a loudspeaker is not to connect to the source of a signal but rather to convert such signal into sound, that device functions as a loudspeaker of heading 8518. Rulings NY N194496, NY N083076, and NY N234397 would be revoked to reflect this change.