June 15 CBP Bulletin Proposes to Revoke Ruling on Hot and Cold Water Dispensers
In the June 15 Customs Bulletin (Vol. 56, No. 23), CBP published a proposal to revoke a ruling on hot and cold water dispensers.
Comments on Proposals Due July 15
CBP said consideration will be given to any written comments received by July 15 before taking these actions. In addition, any party that has received a ruling or decision on the merchandise that is subject to the proposed revocations or modifications, 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 after 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.
Hot and Cold Water Dispensers
| Items: (1) A drinking water dispenser, providing cold water or hot water for coffee, tea or soup. (2) A thermoelectric desktop water dispenser, featuring a stainless-steel hot water tank, and a separate thermoelectric chamber for cold water. (3) Water coolers, dispensing hot and cold water. |
| Current: (1) 8418.69.0020, 1.2%, "Other refrigerating or freezing equipment." (2) 8418.69.0085, Free, "Other refrigerating or freezing equipment; heat pumps: other." (3) 8418.69.0120, free, "Drinking water coolers, self-contained." |
| Proposed: 8516.79.00, 2.7%, “Electric instantaneous or storage water heaters and immersion heaters; electric space heating apparatus and soil heating apparatus; electrothermic hairdressing apparatus (for example, hair dryers, hair curlers, curling tong heaters) and hand dryers; electric flatirons; other electrothermic appliances of a kind used for domestic purposes; electric heating resistors, other than those of heading 8545; parts thereof: Other electrothermic appliances: Other.” |
| Reason: Both refrigeration and heating headings describe only part of the water dispenser and neither component gives the water dispenser its essential character. The dispensers are therefore classified pursuant to GRI 3(c), in the heading occurring last in numerical order among those which equally merit consideration, heading 8516. |
| Proposed for revocation: NY B88990, dated Sept. 22, 1997; NY R00569, dated Aug. 6, 2004; and NY N283857, dated March 22, 2017 |
| Proposed new ruling: HQ H322878 |