Background

In the June 29, 2022, Customs Bulletin and Decisions, U.S. Customs and Border Protection is reclassifying the following products, effective with respect to goods entered or withdrawn from warehouse for consumption on or after Aug. 28.

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. Click here to see a list of our upcoming webinars on classification issues.

Chafer Sets

CBP is reclassifying a chafer set as a non-electric domestic appliance under HTSUS 7321.89.00 (duty-free) rather than as equipment for heating food under HTSUS 8491.81.90 (0.8 percent duty).

The item at issue is a chafer set complete with water pan, food pan, and cover, all of which are made of stainless steel. The set is 14” wide, 22” long, and 13” high, is of rectangular shape, and has a bottom shelf upon which a heat source can be placed. The cover has a handle attached to its top center. The set is sold to distributors who sell to restaurants and catering establishments.
CBP states that the set is clearly designed for use with a source of energy to heat food. In addition, while the importer intends to sell the set to distributors, the dimensions of the set are indicative of its use in a household setting as well.

Ruling HQ H324203 will revoke ruling NY C88591 to reflect this change.

Dog Wheelchairs

CBP is reclassifying a dog wheelchair as an orthopedic appliance under HTSUS 9021.10.00 (duty-free) rather than as a household article of aluminum under HTSUS 7615.19.9000 (3.1 percent duty).

The item at issue is a device designed to provide mobility to dogs with injured or amputated hind legs. It is composed of an aluminum rod frame with two wheels on the back end, a textile harness, and straps to secure the dog. It comes with three sizes of wheels and four sizes of harnesses.

CBP states that as provided in Note 6 to HTSUS Chapter 90, this item is designed to support or hold parts of the body following an illness, operation, or injury. Moreover, the Explanatory Notes for heading 9021 state that this heading covers orthopedic appliances for animals.

Ruling HQ H311415 will revoke ruling NY N067952 to reflect this change.

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