The following proposed revocations and modifications of U.S. Customs and Border Protection classification rulings are included in the Feb. 8, 2023, Customs Bulletin and Decisions. Comments on these proposed changes are due by March 10.

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

White Noise Machine

CBP is proposing to reclassify 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). Ruling NY N283732 would be revoked to reflect this change.

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 speed. The device can also be controlled by a smart phone application.

CBP explains the proposed 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.

Reflective Panels

CBP is proposing to reclassify reflective aluminum composite panels as aluminum foil under HTSUS 7607 (CBP states that to provide the duty rate each item must be specifically described and identified for purposes of classification) rather than as aluminum articles under HTSUS 7616.99.5190 (2.5 percent duty). Ruling HQ 953138 would be revoked, and ruling NY N284130 would be modified, to reflect this change.

The items at issue are made by laminating a polyethylene core between two sheets of aluminum alloy. They are advertised as an unbreakable, lightweight, flexible, metallic mirror. They are used in a variety of places such as ceilings, walls, columns, furniture, and displays, and as trims and accents.

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