Background

In the Sept. 14, 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U.S. Customs and Border Protection is reclassifying the following products, effective with respect to goods entered or withdrawn from warehouse for consumption on or after Nov. 13.

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

Batteries

CBP is reclassifying composite 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).

The items at issue are for use in automobiles, boats, and other moving vehicles to provide battery power to dead batteries, cell phones, and charges along with lighting. They can also be used to inflate tires and recreation inflatables such as beach balls and soccer balls.

CBP explains that these items are designed to perform two or more complementary or alternative functions and are therefore classified according to their 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.

Ruling HQ H206455 will revoke rulings NY H82059, NY R04727, NY N005077, NY N034766, and NY N08177 to reflect this change.

Paint Sticks

CBP is reclassifying 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).

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.

Ruling HQ H309089 will revoke ruling NY N266749 and modify ruling NY N266261 to reflect this change.

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