December
13, 2006 CBP Bulletin Notice on
Aerosol Dispensers
In the December 13, 2006 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol.
40, No. 51), CBP published a notice proposing to revoke two
classification rulings as follows:
Proposed revocation of rulings; proposed revocation of treatment. CBP is proposing to revoke two rulings on the classification of aerosol
dispensers. CBP is also proposing to revoke any treatment it has previously
accorded to substantially identical transactions.
CBP states that any party who has received a contrary written ruling or
decision on the merchandise that is subject to the proposed ruling revocations,
or any party involved with a substantially identical transaction, should advise
CBP by January 13, 2007, the date that written comments on the proposed rulings
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 agent for importations subsequent to the effective date of the
final decision in this notice.
In addition, CBP states that this notice covers any rulings on the
subject merchandise that may exist but have not been specifically identified.
Aerosol
dispenser. The merchandise is described as an automatic
metered aerosol dispenser which is a wall-mounted, battery-operated mechanical
appliance used to activate an aerosol spray can at timed intervals. It has a plastic housing, a battery
compartment, a compartment to hold a standard aerosol spray can (such as air
freshener or insecticide), a motorized gear and lever system and a control
board. The article is imported without
the aerosol can or the batteries.
CBP is proposing to issue HQ 968210 and HQ 968211 in order to revoke HQ 957555 and NY 882294, respectively, and reclassify the subject
merchandise under 8424.90.9080
(duty-free) as “parts of mechanical appliances for projecting, dispersing or
spraying liquids or powders”, rather than under 8501.10.4060 (4.4%), as
“electric motors of an output not exceeding 37.5 W”.
According to CBP,
the two rulings classifying the subject item under heading 8501 were based
largely on the Explanatory Notes (ENs) for 8501, which state that motors remain
classified as motors even when they are equipped with pulleys, gears or gear
boxes or with a flexible shaft for operating hand tools. Specifically, the
rulings were based on a broad interpretation of this EN – that motors remain
classified as motors when additional components which complement the
function of the motor are present.
For the aerosol
dispenser at issue, however, Customs is proposing that only the shaft in the
aerosol dispenser is “complementary” to the motor (as the motor presses the
shaft down on the aerosol spray valve thus initiating the spraying action), and
there is no basis to conclude that the other components of the dispenser
complement the function of the motor. Therefore, CBP is proposing that the
aerosol dispenser is not a good of heading 8501.
Instead, under
the authority of GRI 1 and Section XVI, Note 2(b), Customs is proposing that
the automatic aerosol dispenser is provided for in subheading 8424.90.9080 as
other parts of mechanical appliances for projecting, dispersing, or spraying
liquids or powders.
proposed: 8424.90.9080, duty-free; current:
8501.10.4060, 4.4%.
December 13, 2006 CBP Bulletin (Vol. 40, No. 51)
available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2006/
Published in ITT on December 20, 2006 | [Ref: 06122035] |
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