In the April 5, 2023, Customs Bulletin and Decisions, U.S. Customs and Border Protection is reclassifying a white noise machine as an electro-mechanical domestic appliance under HTSUS 8509.80.50 (4.2 percent duty) rather than as a mechanical appliance under HTSUS 8479.89.95 (2.5 percent duty).
The item at issue creates white noise sounds for sleeping or noise masking by using a small brushless DC motor to spin a fan blade that is inside a plastic acoustic enclosure. It includes an AC adapter, decorative fabric wrap, printed circuit board, and touch control surface to control the volume of the fan. The device can also be controlled by a smart phone application.
CBP explains the change by stating that the device (1) includes a self-contained DC motor and thus incorporates an electric motor per the requirement of the legal text, (2) produces sound electromechanically (i.e., the electric motor powers the fan within the acoustic housing), (3) weighs only two pounds, well below the 20 kg threshold provided in Note 4(b), and (4) does not appear to exhibit functions or characteristics beyond those required for common household use.
Ruling HQ H328381 will revoke ruling NY N283732 to reflect this change, effective with respect to goods entered or withdrawn from warehouse for consumption on or after June 4.
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