Background

In the Nov. 11, 2020, Customs Bulletin and Decisions, U.S. Customs and Border Protection is proposing to modify ruling NY N008193 regarding the classification of two-post vehicle lifts. Comments on this proposed change are due by Dec. 28.

The products at issue are two-post asymmetric surface-mounted lifts designed to lift passenger-type vehicles for service. In ruling NY N008193 CBP classified these lifts as hoists and jacks under HTSUS 8425.41.00 (duty-free).

However, CBP is now proposing to reclassify the lifts as other lifting machinery under HTSUS 8428.90.02 (duty-free). CBP cites its finding in ruling HQ H310333 that similar items (1) are not hoists because they use platforms or arms to lift the weight of the cargo rather than pulling a load using ropework or chains and a hook and (2) are not jacks because they raise a load more than a short distance.

For more information on how to seek or utilize classification and other rulings, please contact customs attorney Deb Stern at (305) 894-1007.

Click here to register for ST&R’s upcoming webinar on the basics of classification.

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Deborah B. Stern
Partner, Advisory Committee

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