July 31 CBP Bulletin Proposes to Modify Rulings on Electromechanical Oral Hygiene Devices
In the July 31 Customs Bulletin (Vol. 58, No. 30), CBP published proposals to revoke ruling letters concerning electromechanical oral hygiene devices.
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Comments on Proposals Sept. 1
CBP said consideration will be given to any written comments received by Sept. 1 before taking these actions. In addition, any party that has received a ruling or decision on the merchandise that is subject to the proposed revocations or modifications, or any party involved with a substantially identical transaction, should advise CBP by the date that written comments on the proposed ruling are due. (An importer's failure to advise CBP of such rulings, decisions or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agents for importations after the effective date of the final decision in this notice.)
Proposal
CBP is proposing to revoke or modify the rulings below, and any rulings on these products that may exist but have not been specifically identified. CBP also is proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Electromechanical Oral Hygiene Devices
| Items: Interplak Compact Dental Water Jet (item WJ3CSR) and the Interplak All-in-One Sonic Water Jet System (item SWJ1B), designed to remove plaque and food debris from a user’s teeth by means of a stream of pulsating water; Teledyne Water Pik (model WP-70W), designed to remove plaque from teeth where brushing and flossing can’t reach; Water Pik (model WP-900), a water flosser and rechargeable electric toothbrush; Water Pik (model WP-700), a water flosser and a non-rechargeable electric toothbrush; and Showerpik, a handheld oral irrigation device that attaches to your shower head, enabling a user to floss their teeth while showering. |
| Current: 8424.89.79 (2001), 8424.89.00 (2012), and 8424.89.90 (2021) HTSUS, which provides for “[M]echanical appliances (whether or not hand operated) for projecting, dispersing or spraying liquids or powders; fire extinguishers, whether or not charged; spray guns and similar appliances; steam or sand blasting machines and similar jet projecting machines; parts thereof: Other appliances: Other.” |
| Proposed: 8509.80.50, “[E]lectro-mechanical domestic appliances, with self-contained electric motor, other than vacuum cleaners of heading 85.08; parts thereof: Other appliances: Other.” |
| Reason: The devices described are electromechanical appliances with self-contained electric motors commonly used in the home for oral hygiene. They weigh less than the 20 kg threshold provided in Note 4(b) to Chapter 85. Thus, the subject articles are described by heading 8509, specifically subheading 8509.80.50, HTSUS, which provides for other electromechanical domestic appliances, with self-contained electric motor and are therefore precluded from classification in heading 8424, HTSUS, |
| Proposed for revocation: N282485, dated Feb. 8, 2017; H80038, dated March 10, 2001; N219961, June 28, 2012; N219968, June 28, 2012; and N317507, dated March 3, 2021 |
| Proposed new ruling: HQ H331605 |