Newly Released CBP HQ Rulings Nov. 2

November 6, 2023 by Ben Perkins|Customs Rulings

The Customs Rulings Online Search System (CROSS) was updated Nov. 2 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):

H333646: Request for Reconsideration of NY N332018; Classification of a Plumbing Snake Auger from China

Ruling: The subject plumbing snake auger is classified under Harmonized Tariff Schedule subheading 8479.89.95, as “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and mechanical appliances: Other: Other” and dutiable at 2.5%.

Issue: Is the subject plumbing snake auger classified under HTS heading 8467 as “Tools for working in the hand, pneumatic, hydraulic or with self-contained electric or nonelectric motor,” or under HTS heading 8479 as “Machines and mechanical appliances ... not included elsewhere in this chapter”?

Item: A heavy-duty plumbing snake auger mounted on and directly connected to an electric motor that is contained in specially shaped housing. The item’s intended purpose is to clear clogs in drains, tubs, toilets, showers, or sinks. It can clear 1-1/4 inch to 3-inch drain lines and the electric motor is powered by a Lithium-ion battery.

Reason: HTS heading 8479 covers tools which incorporate an electric motor if designed for hand use and heavier tools which are portable. The heading excludes tools which, because of their weight, size, etc., cannot be used in the hand. The subject plumbing snake auger is “portable” in that it weighs 16.5 pounds and can be lifted and moved by hand by the user. CBP found that the auger is not designed to be lifted, moved, controlled, and directed by a user’s hand “while work is in progress” and “during operation” of the device. The subject merchandise’s single function is to unclog drains. Machines and equipment designed to unclog drains are not provided elsewhere in Chapter 84.

Ruling Date: Nov. 2, 2023