June 2, 2004 CBP Bulletin Notice on Industrial Smokehouse Apparatus
In the June 2, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 38, No. 23), CBP issued a notice revoking two classification rulings on industrial smokehouse apparatus. CBP states that it is also revoking any treatment it has previously accorded to substantially identical transactions that are contrary to its position in this notice.
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CBP states that these revocations are effective for merchandise entered or withdrawn from warehouse for consumption on or after August 1, 2004.
CBP also states that this notice covers any rulings on the subject merchandise that may exist but have not been specifically identified.
Industrial Smokehouse Apparatus. According to CBP, at issue are (a) the VEMAG Aeromat, which is used in the industrial preparation of turkey and other poultry meats, and heats the meat by means of steam passing through a heat exchanger, and (b) the Shroter Smokehouse, which is a steam-operated commercial oven used in large scale production of meat products.
CBP is issuing HQ 966949 and HQ 966950 in order to revoke HQ 959217 and HQ 959485, respectively, and reclassify the subject apparatuses under HTS 8419.81.9080 as "other machinery, etc., for cooking or heating food" rather than under HTS 8417.80.0000 as "other (except parts) industrial or laboratory furnaces and ovens, etc."
CBP explains that as a class or kind, smokehouses generally heat/cook using dry heat and wet heat produced by an external source of steam, while the term "oven" is restricted to apparatus that heat/cook using only dry heat. Therefore, CBP states that the subject apparatuses are not ovens but rather are other machinery of HTS 8419.
(See ITT's Online Archives or 04/14/04 news, 04041450, for BP summary of the proposed rulings, including a complete description of the subject apparatuses. Subscribers should note that in the proposed rulings, CBP had only specified the proposed classification up to the eight-digit level.)
new: 8419.81.9080, duty-free; previous: 8417.80.0000, 3.9%.
June 2, 2004 CBP Bulletin (Vol. 38, No. 23) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_06022004_no23/