Background

The following proposed revocations and modifications of U.S. Customs and Border Protection classification rulings are included in the July 6, 2022, Customs Bulletin and Decisions. Comments on these proposed changes are due by Aug. 5.

For more information on how to seek or utilize classification and other rulings, please contact attorney Deb Stern at (305) 894-1007 or via emailClick here for a list of ST&R’s upcoming webinars on classification topics.

Paint Sticks

CBP is proposing to reclassify wooden paint mixing sticks with measurement markings, and certain wooden yardsticks, as instruments for measuring length under HTSUS 9017.80.00 (5.3 percent duty) rather than as wooden tools under HTSUS 4417.00.8090 (5.1 percent duty). Ruling NY N266749 would be revoked, and ruling NY N266261 would be modified, to reflect this change.

The yardstick is imprinted with measurement markings along its length. The mixing stick has a seven-inch ruler printed on one side for the user to estimate how much paint is left in the can. Both sticks are imported with specific company logos imprinted on them.

CBP explains that these articles are rulers that measure and are therefore prima facie classifiable under heading 9017. The fact that they can also be used to stir paint does not cause them to fall outside the scope of that heading.

Power Packs

CBP is proposing to reclassify combination portable storage batteries (including power packs or supplies, jump starters, and inflators) as electric storage batteries under HTSUS 8507.20.80 (3.5 percent duty) rather than as static converters under HTSUS 8504.40.95 (1.5 percent duty). Rulings NY H82059, NY R04727, NY N005077, NY N034766, and NY N08177 would be revoked to reflect this change.

CBP explains that each device at issue is designed to perform two or more complementary or alternative functions and is therefore classified according to its principal function. CBP notes that none of the devices’ functions would be possible without their ability to store power or serve as a battery and that their principal function is therefore to maintain an independent source of electricity to use for one of the secondary purposes.

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