June 22 CBP Bulletin Proposed Ruling Actions on Pet Feeders, Polysulfide Resin
In the June 22, 2011 issue of the U.S. Customs and Border Protection Bulletin (Vol. 45, No. 26), CBP published two notices that propose to revoke four rulings regarding the tariff classification of certain automatic pet feeders and polyphenylene sulfide resin.
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Comments on Proposed Ruling Actions due July 22
CBP states that any party who has received a ruling or decision on the merchandise that is subject to the proposed revocations, or any party involved with a substantially identical transaction, should advise CBP by July 22, 2011, the date that written comments on the proposed ruling are due. Furthermore, CBP states that 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 subsequent to the effective date of the final decision in this notice.
Proposed Revocations
CBP is proposing to revoke the four rulings below, and any rulings on these products that may exist but have not been specifically identified. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Automatic 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. |
| Current: 8543.89.9695, 2.6% (Other electrical machines and apparatus, having individual functions, not specified or included elsewhere in Chapter 85) |
| Proposed: 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. |
| Proposed for revocation: NY 180281, NY J83831, and NY K87024 Proposed new ruling: HQ H113636 |
Polyphenylene Sulfide Resin
| Item: Two polyphenylene sulfide (a type of polysulfide) resins, Black and Natural1. The products consist of polyphenylene sulfide homopolymer glass, reinforced molding resin, with a mold release agent, and carbon black for the Black resin. The black color and natural colored resins will be imported in pellet form for use in the manufacture of injection molded plastic housings for electronic connectors. |
| Current: 3907.20.00, 6.5% (Other polyethers in primary forms) |
| Proposed: 3911.90.25, 6.1% (Other polysulfides) |
| Reason: By applying GRI 1, CBP states the product is correctly classified in heading 3911. CBP states that it is a polysulfide consisting of sulfur atoms bound by carbon atoms, and does not contain any oxygen atoms. Therefore, it is fully described by heading 3911 and not as "other polyethers" in heading 3907, which are characterized by an oxygen atom linked by carbon-hydrogen compounds. CBP also states that using General Explanatory Notes to Chapter 39, the glass reinforcement, mold release agent, and color added to the polysulfide do not affect its classification. |
| Proposed for revocation: NY N027045 Proposed new ruling: HQ H110997 |
1DIC PPS FZ-1140-D5 Black and DIC PPS FZ-1140-D5 Natural