Nov 30 CBP Bulletin Ruling Action on Pet Feeders, Rose & Orange Blossom Waters
In the November 30, 2011 issue of the U.S. Customs and Border Protection Bulletin (Vol. 45, No. 49), CBP published notices on its revocation of three rulings and treatment regarding the classification of automatic pet feeders and its modification of one ruling and revocation of treatment regarding the classification of distilled rose and orange blossom waters.
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Revocation and Modification Are Effective January 29
The revocation and modification are effective for the listed rulings, as well as any treatment CBP previously accorded to substantially identical transactions, for merchandise entered or withdrawn from warehouse for consumption on or after January 29, 2012.
Pet Feeders
| Item: Automatic pet feeders. The pet feeders are battery-operated devices that consist of a number of food trays and a timing device. In operation, the covers of the trays open automatically after a preset period of time so the pet can be fed at a designated time. |
| New ruling: HQ H113636 (dated 11/07/11), revokes NY I80281, NY J83831 and NY K87024 |
| Old HTS/Rate: 8543.89.9695, 2.6% (Other electrical machines and apparatus, having individual functions, not specified or included elsewhere in Chapter 85) |
| New HTS/Rate: 8509.80.50, 4.2% (Other electromechanical domestic appliances, with self-contained electric motor) |
| Reason: Applying General Rule of Interpretation 1 (GRI 1), it is now CBP’s position that automatic pet feeders are classified in heading 8509 as household appliances because their low weight indicates that they are designed for use in the home, as opposed to use in a kennel or another commercial setting. Therefore, the pet feeders cannot be classified in heading 8543, a catch-all provision for electrical machines which are not specified or included elsewhere in HTS Chapter 85. |
(See ITT's Online Archives 11070111 for summary of CBP's proposed revocations.)
Distilled Rose and Orange Blossom Waters
| Item: Distilled rose and orange blossom waters. The sole ingredient in each of these products is distilled rose water or distilled bitter orange blossom water, respectively. |
| New ruling: HQ W967898 (dated 11/01/11), modifies NY I83744 |
| Old HTS/Rate: 3303.00.1000,free (perfumes and toilet waters) |
| New HTS/Rate: 3301.90.5000, free (distillate of “essential oils”) |
| Reason: Floral fragrances of water resulting from a steam distillation of rose and orange oil are classified as distillate of essential oils. |
(See ITT's Online Archives 10070810 for summary of CBP's proposed modification.)