Nov. 12 CBP Bulletin Proposes to Revoke Ruling on Paint Mixing Unit Shelving
In the Nov. 12 issue of the CBP Customs Bulletin (Vol. 48, No. 45), CBP published a notice that proposes to revoke a ruling and similar treatment for the tariff classification of paint mixing units (here).
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Comments on Proposals Due Dec. 12
CBP said consideration will be given to any written comments received by Dec. 12 before taking this action. In addition, 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 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 subsequent to the effective date of the final decision in this notice.)
Proposals
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 is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Metal Shelving for Paint Mixing Unit
| Item: Metal shelving for the Dedoes Alliance 1.7 and Alliance 2.4 paint mixing units. An electric motor sits on the bottom shelf and powers gear drives on the shelves. The gear drives rotate paddles on paint can lids specifically designed for the mixing unit. |
| Current: 9403.20.0020, Free (Other furniture and parts thereof: Other metal furniture, Other: Counters, lockers, racks, display cases, shelves, partitions and similar fixtures) |
| Proposed: 8479.90.94, Free (Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Parts: Other) |
| Reason: The unit meets the definition for machine, which is covered by heading 8479, while heading 9403 covers furniture goods, said CBP. The unit’s feet are designed for use solely with the complete paint mixing unit, therefore, "both the shelves and feet are solely used with a machine having an individual function of heading 8479," CBP said. |
| Proposed for modification: NY I89639 (2003) |
| Proposed new ruling: HQ H250136 |