Jan 25 CBP Bulletin Ruling Actions on Salad Spinners and Plastic Bottles
In the January 25, 2012 issue of the U.S. Customs and Border Protection Bulletin (Vol. 46, No. 5), CBP published two notices on its revocation or modification of five rulings and treatment regarding the tariff classification of salad spinners and plastic beverage bottles.
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Revocations & Modifications Are Effective March 26
CBP is revoking or modifying these rulings, as well as any treatment CBP previously accorded to substantially identical transactions, effective for merchandise entered or withdrawn from warehouse for consumption on or after March 26, 2012.
Salad Spinners
| Item: Two types of salad spinners. The first features three removable, divided compartments that allow for the washing and spinning of different foods. The plastic lid of the bowl contains a mechanical soft-grip plunger pump with a quick stop mechanism. The second is a commercial salad spinner dryer consisting of an outer casing with an inner spinning basket and a cover that incorporates a hand cranking mechanism. The inner basket holds the salad and spins, facilitating the drying of wet salad. |
| New ruling: HQ H121095 (dated 12/23/11) revokes NY N047346 and NY N061380 |
| Old HTS/Rate: 8479.89.98, 2.5% (Other machines and mechanical appliances) |
| New HTS/Rate: 8421.19.00, 1.3% (Other centrifuges, including centrifugal dryers) |
| Reason: By application of General Rule of Interpretation (GRI) 11, CBP finds that the salad spinners are classifiable under heading 8421 eo nomine as centrifugal dryers. CBP explains that the salad spinners use centrifugal force to whisk water away from salad greens and that heading 8421 covers centrifuges, and includes centrifuges that remove the moisture from wet substances. As they are classifiable in heading 8421, they cannot be classified in heading 8479, which provides for merchandise not classified elsewhere in Chapter 84. |
(See ITT's Online Archives 11080118 for summary of the proposed revocation of these rulings.)
Plastic Beverage Bottles
| Item: Different types of plastic beverage bottles. One is a sports bottle that consists of various pieces, including a lid that screws onto the bottle, a plastic drinking straw, a plastic stopper for the straw, a cartridge that will contain an ice pack, etc. Other plastic bottles have snap-on covers and also have plastic straws. Another is a freezer bottle consisting of a bottle, a cap with a pull-out spout, and a cooling unit. |
| New rulings: HQ H100800, HQ H100801, HQ H100804 (dated 12/23/11) revokes NY D82348 and NY F80484 and modifies HQ 952264 |
| Old HTS/Rate: 3924.90.50, 3.4% (other household articles of plastic) |
| New HTS/Rate: 3924.10.40, 3.4% (other plastic tableware) |
| Reason: CBP states that the exemplars listed in HTS heading 3924 encompass various household articles to store or contain food and beverages. Thus, the subject bottles are ejusdem generis (of the same kind) with the exemplars listed in heading 3924 and classifiable under that heading. However, CBP notes that many of the exemplars of "tableware" in Explanatory Notes to 39.24, and classifiable under subheading 3924.10, are items from which the consumer can directly consume beverages or food, whether in a home or elsewhere. CBP states this is a primary characteristic shared with the subject bottles, which are not primarily used for storage. Accordingly, they are classifiable as subheading 3924.10.40 "tableware." |
(See ITT's Online Archives 11110919 for summary of the proposed modification and revocation of these rulings.)
1Classification by application of General Rule of Interpretation (GRI) 1 is made according to the terms of the headings of the tariff schedule and any relevant Section or Chapter Notes.