New Brewing Options for Keurig Brewers Don't Change Classification, CBP Finds

The added ability to make beverages other than coffee and tea isn't enough to change the classification of brewing systems imported by Keurig, CBP said in a Oct. 13 ruling (here). The ruling, HQ H259317, was in response to an internal advice request from Keurig through the Port of Chicago. The company sought input on whether a line of its brewing systems that can now make hot chocolate, lemonade and soup should still be classified as "coffee or tea makers."

The brewing systems at issue are designed "to work with Keurig's "K-cup" packs, separately sold packages of various beverage makings, said CBP. The brewers puncture the top and bottom of the K-cup while forcing hot water through to make a single cup of the beverage, said CBP. Although Keurig recently released new K-cup types, such as hot cocoa and soups, the systems are still most commonly used for coffee and tea, said CBP. CBP previously classified the brewing system in subheading 8516.71.00 as coffee or tea makers in a past ruling. Keurig said the brewing systems are now better classified under subheading 8516.79.00 as "other electrothermic appliances: other (i.e., that the subject merchandise does not fall under the scope of the provision for “coffee or tea makers” of subheading 8516.71.00)."

The brewing system should be classified as it was previously "if Keurig's merchandise is identical" to the merchandise in the other ruling, said CBP. Keurig's lawyer confirmed that Keurig “brewers subject to this Internal Advice request are not functionally different from the previous B models, but have a significantly expanded intended use at the time of importation,” said CBP. Although a "small percentage of non-coffee or tea related options have been introduced that may be used with the Keurig Brewing Systems at issue here" the merchandise "itself has not been improved or amplified in any way," said the agency. As a result, the brewer system was properly classified in subheading 8516.71.00, with a 3.7 percent duty rate, said CBP.