Newly Released CBP HQ Rulings Dec. 24
The Customs Rulings Online Search System (CROSS) was updated on Dec. 24 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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H343967: Application for Further Review of Protest No. 2704-24-171160; Classification of TheraCup combination cupping, massaging and heating device from China
| Ruling: The subject TheraCup kit is properly classified under heading 8414 and is specifically described in subheading 8414.10.00 as a vacuum pump |
| Issue: Whether the subject device is properly classified under heading 8414 as a vacuum pump; under heading 8516 as an electrothermic appliance of a kind used for domestic purposes; or under heading 9019 as a massage apparatus. |
| Item: The TheraCup, a motorized device that, according to Protestant and the product literature included with the protest, “combines traditional cupping with cutting-edge ThermaVibration technology [and] utilizes suction, heat and vibration together to create an easy-to-use digitized cupping experience that optimizes localized relief and recovery through the process of vasodilation.” |
| Reason: CBP disagrees with Protestant’s conclusion that the principal function of the device can't be determined and, thus, heading 9019 controls the ultimate classification of the device as that heading occurs last in order among those that merit equal consideration per General Rule of Interpretation 3(c). CBP notes that the TheraCup user manual introduces the device as “a digitized cupping therapy” that is “intended to stimulate the natural healing process by increasing blood flow to the treated area,” which is achieved by inducing vasodilation through suction. Also, in order to use the device, a user first selects the level of suction, which then automatically activates the TheraCup’s initial levels of heat and vibration. The heat and vibration functions can only be used independently of the suction/cupping function if the user removes the device’s cup and thus eliminates the sealed vacuum that is required for the device to “cup” the skin. By contrast, the TheraCup requires no user modifications should a user wish to use the suction function alone – a user simply “long presses” the control buttons associated with the heat and vibration functions to deactivate those functions while the cupping function continues unabated. These factors lead CBP to conclude that the TheraCup is designed to maximize the suction/cupping action in order to increase vasodilation, with the heating and vibration functions acting to augment the vasodilation effect of cupping. CBP therefore finds that the principal function of the TheraCup is to function as a vacuum pump of heading.8414. |
| Ruling Date: Oct. 21, 2025 |
H349196: Application for Further Review of Protest No. 4601-23-135213; Classification of Wire Containers
| Ruling: The subject wire containers are classified under heading 7309, specifically subheading 7309.00.00, which provides for reservoirs, tanks, vats and similar containers for any material (other than compressed or liquefied gas), of iron or steel, of a capacity exceeding 300 liters, whether or not lined or heat insulated, but not fitted with mechanical or thermal equipment. |
| Issue: Whether the subject wire containers are properly classified under heading 8609, which provides for “containers (including containers for the transport of fluids) specially designed and equipped for carriage by one or more modes of transport,” or under heading 7309 as “reservoirs, tanks, vats and similar containers for any material (other than compressed or liquefied gas), of iron or steel, of a capacity exceeding 300 liters, whether or not lined or heat insulated, but not fitted with mechanical or thermal equipment.” |
| Item: Global Industrial Distribution's steel wire containers with dimensions of 40” x 32” x 34.5” and a capacity of 18.5 cubic feet (~524 liters). The containers consist of steel wire mesh boxes that sit atop a steel base with reinforced corners. The container sits six inches off the ground and may be moved by forklift or pallet truck. The containers support a maximum weight of 3,000 pounds, may be vertically stacked four high, and are fully collapsible when empty. |
| Reason: The subject articles are not specially designed for carriage by one or more modes of transport. While the optional casters provide a degree of maneuverability, they are not special design features that render the article particularly compatible with modes of transport. The inclusion of optional casters does not render the merchandise “specially designed” for carriage. CBP concludes that the merchandise is not specially designed for carriage by one or more modes of transport. Accordingly, the merchandise is not classified under heading 8609. The guidance from Explanatory Note 86.09 also leads CBP to conclude that the merchandise is properly classified under heading 7309 because EN 86.09 provides that cases and crates that are not specially constructed to be secured to transporting vehicles are not classified under heading 8609 and should instead be classified according to their constituent material. |
| Ruling Date: Oct. 23, 2025 |