July 27 CBP Bulletin Ruling Actions on Paint Rollers, Vodka, Etc.
In the July 27, 2011 issue of the U.S. Customs and Border Protection Bulletin (Vol. 45, No. 31), CBP published four notices on its modification or revocation of six rulings regarding certain battery-operated paint rollers, vodka, Diasorin Dynabeads, and cryostat window made from synthetic diamond.
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Actions Are Effective September 26
These Customs Bulletin actions are effective for merchandise entered or withdrawn from warehouse for consumption on or after September 26, 2011, and cover any rulings on this merchandise which may exist but have not been specifically identified. CBP is also revoking any treatment it has previously accorded to substantially identical transactions.
Modifications and/or Revocations
Battery-Operated Paint Rollers
| Item: Two types of battery-operated paint rollers. The TurboRoll Battery Paint Roller is considered a composite good and consists of a rotating cylinder covered with an absorbent material mounted to a handle. A motorized pump moves a continuous flow of paint through the cylinder to the roller. The Wagner Cordless Power Roller is also a hand-held paint roller that is fitted with a battery-operated pump, which pumps paint from a storage container directly to the roller. |
| New Ruling: HQ H050436 (dated 07/11/11, modified NY N042191, revoked NY 870922) |
| New HTS/Rate: TurboRoll 9603.40.20, 7.5% (paint rollers via GRI 1) Wagner 9603.40.20, 7.5% (paint rollers) |
| Old HTS/Rate: TurboRoll 9603.40.20, 7.5% (paint rollers via GRI 3(b)) Wagner 8413.50.00, 3% (other reciprocating pumps) |
| Reason: CBP previously classified the TurboRoll under heading 9603 pursuant to GRI1 3(b), as CBP found that the essential character of the good was imparted by the paint roller component that applies the paint to the surface being painted. CBP states that the TurboRoll is an improved version of, but serves the identical function of, the traditional paint roller. CBP references a ruling in which the court held that the method by which the function is accomplished does not warrant classification based on only component parts of the products, nor does it render the products prima facie classifiable in more than one heading. Therefore, by operation of GRI 1 the rollers should properly be classified in heading 9603. As the Wagner is substantially similar to the TurboRoll, CBP states it, too, should be classified as a paint roller under heading 9603 by operation of GRI 1. |
1General Rules of Interpretation
Vodka
| Item: Vodka produced in Sweden or Denmark from ethyl alcohol followed by fermentation with yeast of cereals. The vodka will be imported in bulk and contains 80% or greater alcohol/volume. In the U.S., the vodka will be diluted to 35% or 40% alcohol/volume for standard vodka and it will be diluted similarly for flavored vodkas, and in the case of the latter, flavorings and/or sweeteners will be added. |
| New Ruling: HQ H112716 (dated 07/01/11, modified HQ H099760, NY N064255) |
| New HTS/Rate: 2208.602, free (spirits, liqueurs, and other spirituous beverages) |
| Old HTS/Rate: 2207.10.30, 18.9¢/proof liter (undenatured ethyl alcohol of alcoholic strength by volume of 80% volume or higher) |
| Reason: The vodka is prima facie classifiable under both headings 2208 and 2207, therefore, the heading that provides the most specific description shall be preferred. The scope of the provision for heading 2208 is not limited to certain products of a certain alcoholic strength by volume. CBP states that the vodka falls under the scope of the eo nomine provision for spirits under heading 2208. Additionally, vodka is listed in ENs among the examples of spirits, liqueurs and other spirituous beverages. While vodka falls under the scope of heading 2207, not all ethyl alcohol in this heading meets the terms of heading 2208 as spirits, etc. As a result, 2208 is the more specific heading. |
2Classification beyond the six-digit level is determined by the capacity of the container in which the vodka is imported.
Diasorin Dynabeads
| Item: Diasorin Dynabeads M-450 Tosylactivated (TOS) and M-280 TOS. The Dynabeads are polystyrene spheres that contain an iron oxide salt. The bead acts as a solid phase for the attachment of antibodies. The M-450-TOS is used in cell Isolation procedures and the M-280 TOS in protein purification and immunoassay procedures. |
| New Ruling: HQ H129336 (dated 07/11/11, modified NY 860953) |
| New HTS/Rate: 3822.00.50, free (other diagnostic or laboratory reagents on a backing and prepared for laboratory reagents) |
| Old HTS/Rate: 3903.19.00, 0.9¢/kilo + 9.2% (other polystyrene) |
| Reason: CBP states that cell isolation, protein purification, and immunoassay procedures use a ligand to isolate and separate a target molecule. However, the Dynabeads, as imported, cannot be used for these procedures. The end user must first employ a Ligand Coupling Protocol to cause a chemical reaction that creates a new chemical substance which can be used for such procedures. Additionally, as the Dynabeads are laboratory reagents on a backing of plastic, which is not covered by Chapter 39, the M-450 and M-280 TOS are precluded from classification under heading 3903. |
Cryostat Window Made of Synthetic Diamond
| Item: Cryostat window made of synthetic diamond. The window is a part designed for a cryostat, which is used for the performance of chemical/physical experiments at extremely low temperatures. The window acts as a shield between the inside and outside of the Cryostat, and allows light to pass through it, but does not perform any optical or lensing effect. |
| New Ruling: HQ H128136 (dated, 06/29/11, modified NY N097693) |
| New HTS/Rate: 7116.20.50, free (precious or semiprecious stones) |
| Old HTS/Rate: 7116.20.40, 10.5% (other semiprecious stones) |
| Reason: CBP has consistently classified articles comprised solely of synthetic diamond under heading 7116.20.50, which provides for articles of precious or semiprecious stones (natural, synthetic or reconstructed). Therefore, the cryostat window should also be classified as a precious stone under 7116.20.50. |
(See ITT's Online Archives or 06/08/11 news, 11060814, for BP summary of the proposed modification and revocation of the rulings on battery-operated paint rollers.
See ITT's Online Archives or 06/07/11 news, 11060720, for BP summary of the proposed modification of the rulings on vodka and Diasorin Dynabeads.
See ITT's Online Archives or 05/17/11 news, 11051723, for BP summary of the proposed modifications and revocations of the ruling on cryostat window.)