Newly Released CBP HQ Rulings for July 25
The Customs Rulings Online Search System (CROSS) was updated July 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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H310061: Application for Further Review Protest No. 2704-20-116799; Tariff classification of the Hover-1 All-Star 2.0 Hoverboard
| Ruling: The Hover-1 All-Star 2.0 Hoverboard is classified under subheading 8711.60.00, which provides for “Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars: With electric motor for propulsion… .” |
| Issue: Is the Hover-1 properly classified under subheading 8711.60.00, which provides for “Motorcycles ... With electric motor for propulsion…”, or subheading 8711.90.01, which provides for “Motorcycles ... Other…”? |
| Item: The Hover-1 All-Star 2.0 Hoverboard is a personal transportation device with two 200-watt Lithium-ion battery-charged electric motors, two wheels, one axle, and a platform on which the user stands while hoverboard is in motion. It is similar in appearance to skateboards, except that Hover-1 is horizontally oriented relative to the direction of travel. The Hover-1 has a top speed of seven miles an hour and seven miles of range on a full charge. |
| Reason: CBP has ruled that a hoverboard is properly classified under subheading 8711.60.00. (See NY N319331). The presence of an electric motor, and the fact that this motor propels the vehicle, clearly establishes the Hover-1 as a cycle fitted with an electric motor for propulsion. |
| Ruling Date: May 20, 2022 |
H322074: Request for Internal Advice; Classification of Electrical Hand Warmers
| Ruling: The electrical hand warmers are classified in subheading 8543.70.99, as “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; Other machines and apparatus: Other: Other: Other.” |
| Issue: Whether the electrical hand warmers are classified in heading 8507 as electric storage batteries, or in heading 8543 as electrical machines and apparatus. |
| Items: The Heatbank 9S Rechargeable Hand Warmer and a Power Bank and the Heatbank 9S Plus Rechargeable Hand Warmer and Power Bank. The hand warmers are portable devices with internal warming capability and the ability to charge electronic devices. The 9S model is comprised of a 5200 mAh rechargeable lithium-ion battery, one output USB used for charging compatible devices, one input USB for charging the rechargeable lithium-ion battery, an LED light bar to show the heat setting and remaining charge in the lithium battery, a heating element, and a thermocouple wire within a handheld plastic enclosure. When powered on, the heating element and the thermocouple wire heat the entire device so that it can be used as a handwarmer. |
| Reason: The item’s principal function is to perform a hand warming function. In this case, the battery charging function is subsidiary to the electrical hand warming function. |
| Ruling Date: May 20, 2022 |