August 13, 2008 CBP Bulletin Notice on Classification of Certain Electric Vaporizers
In the August 13, 2008 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 42, No. 34), CBP published a notice revoking a classification ruling and a treatment as follows:
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Revocation of ruling, revocation of treatment.CBP is revoking a ruling on the classification of certain electric vaporizers; in addition, this notice covers any rulings on this merchandise which may exist but have not been specifically identified. CBP is also revoking any treatment it has previously accorded to substantially identical transactions.
According to CBP, these actions are effective for merchandise entered or withdrawn from warehouse for consumption on or after October 12, 2008.
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 issuing 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 makes 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 determines that by application of GRI 1, the electric vaporizer is classified under HTS 8516.10.0080, as ''Electric instantaneous . . . water heaters . . . : Electric instantaneous . . . water heaters . . . Other water heaters."
New: 8516.10.0080, duty-free; previous: 8516.79.0000, 2.7%
(See ITT's Online Archives or 06/23/08 news, 08062330, for BP summary of proposed HQ W968423.)
August 13, 2008 CBP Bulletin (Vol. 42, No. 34) available at http://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2008/