June 18, 2008 CBP Bulletin Notice on Classification of Certain Electric Vaporizers
In the June 18, 2008 issue of the U.S. Customs and Border Protection Bulletin (Vol. 42, No. 26), CBP published a notice proposing to revoke a classification ruling and revoke a treatment as follows:
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Proposed revocation of ruling; proposed revocation of treatment. CBP is proposing to revoke a ruling on the classification of certain electric vaporizers. 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 revocations, or any party involved with a substantially identical transaction, should advise CBP by July 18, 2008, 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.
Certain electric vaporizers. The merchandise is described as a room vaporizer consisting of an upper housing and a lower tank. The upper housing contains two electrodes. The tank holds the water to be vaporized. The electric current passing through the water between the two electrodes turns the water into steam.
CBP is proposing to issue HQ W968423 in order to revoke NY R00477, and reclassify the electric vaporizers under HTS 8516.10.0080, as "other water heaters and immersion heaters" rather than under HTS 8516.79.0000 as "other electrothermic appliances."
CBP proposes this change as a correction based on the Explanatory Notes and a prior ruling. EN 85.16 describes different categories of products classifiable as electric instantaneous or storage water heaters and immersion heaters. Specifically, EN 85.16(A)(4) describes "electrode hot water boilers, in which an AC (alternating current) passes through the water between two electrodes." Because the subject merchandise "boils water by passing an alternating current through the water between two electrodes," it meets the parameters of EN 85.16(A)(4). In addition, ruling HQ 968027 revoked an earlier classification and re-classified certain electrode steam humidifiers in subheading 8516.10.0080.
CBP now proposes that by application of GRI 1, the electric vaporizer is classified under subheading 8516.10.0080, as ''Electric instantaneous . . . water heaters . . . : Electric instantaneous . . . water heaters . . . Other water heaters."
Proposed: 8516.10.0080, duty-free ; current: 8516.79.0000, 2.7%
June 18, 2008 CBP Bulletin (Vol. 42, No. 26) available athttp://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2008/