Newly Released CBP HQ Rulings for Oct. 25
The Customs Rulings Online Search System (CROSS) was updated Oct. 25 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):
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H311099: Request to reconsider NY N294204; Tariff Classification of a Haptic Motor
| Ruling: 8501.10.40, 4.4%, “Electric motors and generators (excluding generator sets): Motors of an output not exceeding 37.5 W: Of under 18.65 W: Other: DC.” |
| Issue: Whether the instant haptic motor is properly classified under heading 8501 as an electric motor, or under heading 8512 as a part of electrical lighting or signaling apparatus of a kind used for motor vehicles |
| Item: A 20mm DC motor, a counterweight, and a plastic enclosure. The subject motor is intended to be mounted to a vehicle seat to provide a vibrating warning signal to the driver during certain safety conditions. The motors are controlled by receiving a signal from the vehicle’s Memory Seat Module with the engine control unit. |
| Reason: Classification of the haptic motor in heading 8501 obviates the need to examine whether the merchandise is classifiable under heading 8512, per Note 2(b) to Section XVI. Furthermore, as the haptic motor is properly classified by a heading 8501, classification within proposed heading 8479 is also precluded. |
| Ruling Date: Oct. 18, 2021 |
H276955: Request for reconsideration of NY N268135; Tariff classification of a Strawberry Tree and Strawberry Smart Bench from Serbia
| Ruling: 9401.69.80, free, “Seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: Other seats, with wooden frames: Other: Other: Other….” |
| Issue: Whether the Strawberry Tree and Strawberry Smart Bench are classifiable as seats of heading 9401, or as “other” rectifiers and rectifying apparatus under subheading 8504.40.95 |
| Item: A fake tree made of steel that features charging capabilities for mobile devices and Wi-Fi, a social hub, environmental sensing, LED lights and emergency call, as well as a bench featuring charging of mobile devices, a social hub, air quality sensing and a panic button. Both the Strawberry Tree and Strawberry Smart Bench are stated to be ideally suited for public and private spaces. |
| Reason: The benches can generate energy by way of their solar panels and that there is a collection of control electronics and connections that enable the benches to supply that electricity directly to a device to charge. However, the canopy and the benches do not simply house solar panels and batteries to supply power to various electronics. They are marketed as “street smart furniture” designed to draw people to the bench components and act as gathering places for people to meet and socialize, shelter from the weather, etc. The benches are functional as furniture and are used as such regardless of whether an electronic device is connected for charging. In other words, the instant merchandise is essentially furniture. |
| Ruling Date: Sept. 28, 2021 |