Mechanical Action Differentiates 'Chop Chop' Food Chopper Classification, CBP Tells C.H. Robinson

CBP consideration of the "Chop Chop" food preparation device differs from past CBP rulings on similar devices due to the "mechanical action" involved, the agency said in ruling HQ H266149 on Oct. 21 (here). C.H. Robinson Freight Services filed an application for further review of a protest on behalf of the Home Shopping Network, the exclusive seller of food chopper, related to an entry in 2014. C.H. Robinson objected to CBP's eventual liquidation of the entry under subheading 8210.00.0000, which covers "Hand-operated mechanical appliances."

C.H. Robinson argued that CBP 's tariff classification was inconsistent with a previous ruling issued by CBP. Specifically, the company said “Chop Chop” should be "classified alongside" a mandolin food cutting device that was the subject of the previous ruling, which also involved an HSN product. Unlike the mandolin, the chopper uses a plunger to push food through a blade, said CBP. Although the mandolin similarly includes interchangeable blades used for cutting foods, it "did not have any mechanical operation associated with it," the agency said. "There is nothing analogous to the plunger, which the 'Chop Chop' chopper features. Though the mandolin blades are adjustable, this is not akin to a mechanical action."

The previous ruling also involved the tariff classification for a "set," said CBP. Therefore, the mandolin's classification was based on different General Rules of Interpretation, the agency said. The chopper "is designed and recommended for chopping, slicing, dicing, juicing, and grating of fruits, vegetables and cheese," said CBP in the ruling. "In other words, for the preparation of food. As such, it meets the tariff terms of subheading 8210.00.00."