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:
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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/