Background

The following proposed revocations and modifications of U.S. Customs and Border Protection classification and origin rulings are included in the Oct. 12, 2022, Customs Bulletin and Decisions. Comments on these proposed changes are due by Nov. 11.

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.

Metal Lockers

CBP is proposing to reclassify metal storage lockers and cabinets for garage use as metal household furniture under HTSUS 9403.20.0050 (duty-free) rather than as other metal furniture under HTSUS 9403.20.0086 (duty-free). Ruling NY N310710 would be revoked to reflect this change.

The items at issue are a group of unequipped, locking, modular, shelved metal storage lockers and cabinets available in different paint finishes.

CBP states that these items are classifiable under HTSUS 9403.20.0050 because they are intended to be used in household garages. By contrast, they are precluded from classification in (1) HTSUS 9403.20.0078 because they are not intended to be used by commercial businesses and (2) HTSUS 9403.20.0086 because they are more specifically provided for elsewhere.

Engine Parts

CBP is proposing to reclassify cast-iron cylinder heads and block castings under HTSUS 8409.99.10 (duty-free) rather than under HTSUS 8409.99.9190 (2.5 percent duty). Ruling NY N312073 would be revoked to reflect this change.

The items at issue are designed to be used with heavy-duty diesel vehicle engines. CBP states that they are only classifiable under HTSUS 8409.99.10 if they are not advanced beyond cleaning. CBP now finds that painting the block castings with primer and coating the cylinder heads with oil, which are done only to prevent oxidation during transport, do not advance the products beyond being cleaned.

Air Purifiers

In rulings NY N322681 and NY N322364 CBP held that air purifiers manufactured from parts of Chinese and Vietnamese origin and further assembled in Vietnam into subassemblies and finished products were products of China. CBP is now proposing to revoke NY N322681 and modify NY N322684 to reflect that the country of origin of the air purifiers is Vietnam.

The items at issue utilize a fan, a UV-C light, a carbon pre-filter, and a HEPA filter to help remove allergens from the air.

CBP previously held that the finished devices consist of several important subassemblies manufactured in China that are not only the most expensive items that go into the manufacturing process but also impart the critical functionality for the air purifiers. However, CBP now states that the character of the finished devices differs from that of the materials imported from China because those components lose their individual identities and become an integral part of a new article when assembled.

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