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Beverage Dispensers

In the June 28, 2023, Customs Bulletin and Decisions U.S. Customs and Border Protection is reclassifying certain beverage dispenser machines as solenoid valves under HTSUS 8481.80.9005 (2 percent duty) rather than as other valves under HTSUS 8481.80.9050 (2 percent duty).

The items at issue are free-standing dispensers made of stainless steel that are designed to chill and dispense soda and non-carbonated beverages. They incorporate valves that allow the components of a beverage to be mixed and ultimately dispensed on demand. They can be found in restaurants, supermarkets, and cafeterias.

CBP explains that these dispensers are composite machines, that their principal function is to mix and dispense ice and beverages, and that the solenoid valves are the components that perform this function because they control the water and syrup lines and their actuation by a customer directly causes the machine to release the beverages.

Ruling HQ H317696 will revoke ruling NY N047175 to reflect this change, effective with respect to goods entered or withdrawn from warehouse for consumption on or after Aug. 27.

Musical Candle Holders

CBP has withdrawn a proposal to reclassify musical candleholders packaged with wax birthday candles under HTSUS 9505.90.4000 (duty free) rather than as candles, tapers, and the like under HTSUS 3406.00.00 (duty free). As a result, rulings D84817 and D85291 remain in effect.

The items at issue are two different components packaged together in a blister package: a musical candleholder and wax birthday candles. The candleholder is designed to hold a single candle on top of a birthday cake while playing the “Happy Birthday” song. It is activated by holding the base and turning a silver metallic band around its neck. It is also intended for reuse with candle refills.

CBP states that in light of the comments received it is withdrawing the proposed modification to further consider the classification of these items and whether additional rulings might be affected.

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