OT:RR:CTF:EMAIN H333646 MFT
Mr. George R. Tuttle, III
Tuttle Law Offices
3950 Civic Center Dr., Suite 310
San Rafael, CA 94903
Re: Request for Reconsideration of NY N332018; Classification of a Plumbing Snake Auger from China
Dear Mr. Tuttle:
This letter is in response to your request, dated August 1, 2023, which was filed on behalf of your clients Chervon N.A., Inc. and FerniaCreek Global Supply Chain Consulting Group, for the revocation of New York Ruling Letter (NY) N332018, issued on April 26, 2023, in which U.S. Customs and Border Protection (CBP) classified a certain plumbing snake auger from China under heading 8479 of the Harmonized Tariff Schedule of the United States (HTSUS). You request that CBP reclassify the merchandise at issue under heading 8467, HTSUS.
In reaching the determination below, CBP has considered information submitted with the request for reconsideration, and information provided during and after the conference between counsel for the requestor and CBP held on September 8, 2023. For the reasons set forth below, we affirm our conclusion in NY N332018 that the subject merchandise is correctly classified under heading 8479, HTSUS.
FACTS:
NY N332018 describes the subject merchandise as follows:
The item under consideration is a [heavy-duty] plumbing snake auger mounted on and directly connected to an electric motor that is contained in specially shaped housing. The item’s intended purpose is to clear clogs in drains, tubs, toilets, showers, or sinks. It can clear 1-1/4 inch to 3[-]inch drain lines and the electric motor is powered by a Lithium-ion battery.
The plumbing snake auger features a two-way auto feed mechanism that advances or retracts a coiled metal cable contained within a rotating drum. A configurable guide hose, in conjunction with the auto feed mechanism, allows the cable to be directly fed into the drain without touching or feeding the cable by hand. An auto feed switch controls the direction of the cable and controls the drum rotation (forward/off/reverse), and a pneumatic foot switch provides the on/off control of the electric motor. The coiled cable within the auger drum is pushed into the pipe by the centrifugal force created by the motor. As the snake is fed into and down the drain, the electric motor spins a cable inside the drum which dislodges or breaks up clogs or blockages.
You provided the following:
During operation, the auger head is held in the hand and is directed or guided by the operator using the guide hose. The controls for operating the auger are also located on the configurable guide hose, which is held in the hand during operation. The unit can be lifted and moved by hand by the user, and while it is not generally necessary to do so, it is possible to move the unit while work is in progress. [. . .] The auger and cable pass through the hose guide. The rest of the machine (motor and drum) sits on the floor, counter, table, or other surface. [. . .]
Although the [a]uger motor and rotating drum sit on the floor, counter, or table during use, the guide hose with the auto feed mechanism is hand-held at the mouth of the drain by the operator, who controls the direction of the snake, either forward or reverse. It actually requires the use of both hands to hold the hose.
Moreover, you indicate that the subject merchandise will weigh approximately 16.5 pounds with a 50-foot cable and incorporates a 120V electric motor powered (either plug-in or cordless battery).
ISSUE:
Whether the subject plumbing snake auger is classified under heading 8467, HTSUS, which provides for “Tools for working in the hand, pneumatic, hydraulic or with self-contained electric or nonelectric motor,” or under heading 8479, HTSUS, which provides for “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter.”
LAW AND ANALYSIS:
Classification under the HTSUS is in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of goods will be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs 2 through 6 will then be applied in order. In understanding the language of the HTSUS, the Harmonized Commodity Description and Coding System Explanatory Notes (ENs) may be utilized. The ENs, though not dispositive or legally binding, provide commentary on the scope of each heading of the HTSUS, and are the official interpretation of the Harmonized System at the international level.
The HTSUS headings under consideration are as follows:
8467 Tools for working in the hand, pneumatic, hydraulic or with self-contained electric or nonelectric motor, and parts thereof;
* * * * *
8479 Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof.
The terms of heading 8479, HTSUS, limit classification therein to articles “not specified or included elsewhere” in Chapter 84. Therefore, if the subject merchandise meets the terms of heading 8467, HTSUS, it cannot be classified under heading 8479, HTSUS.
The EN to heading 8467, HTSUS provides in pertinent part:
This heading covers tools which incorporate an electric motor [. . . .]
The heading covers such tools only if for working in the hand. The expression “tools for working in the hand” means tools designed to be held in the hand during use, and also heavier tools (such as earth rammers) which are portable, that is, which can be lifted and moved by hand by the user, in particular while work is in progress, and which are also designed to be controlled and directed by hand during operation [emphasis added]. To obviate the fatigue of taking their full weight during operation they may be used with auxiliary supporting devices (e.g., tripods, jacklegs, overhead lifting tackle). [. . .]
Some of the tools covered by this heading may be fitted with auxiliary devices (e.g., a fanwheel and its dust-bag to remove and collect dust during working).
The heading excludes tools which, because of their weight, size, etc., obviously cannot be used in the hand as described above. [. . .]
The tools of this heading include tools for working various materials and are used in various industries.
It is undisputed that the subject plumbing snake auger is “portable” in that it weighs 16.5 pounds and can be lifted and moved by hand by the user. Nor is it disputed that the plumbing snake auger incorporates a 120V electric motor. The crux of this matter rests on whether the plumbing snake auger is designed to be lifted, moved, controlled, and directed by a user’s hand “while work is in progress” and “during operation” of the device. We find that the subject plumbing snake auger is not designed in such a manner.
The subject plumbing snake auger “cannot be used in the hand as described” in the EN to heading 8467, HTSUS. We recognize that the user must initially place the auger into the drain, hold the auger head in one hand at the mouth of the drain, and control the forward and reverse motion of the snake from the configurable guide hose. But as the device works to clear the drain, the user is otherwise stationary. Importantly, it is not the user’s hand movement the removes the blockage; in fact, “it is not generally necessary” to lift and move the plumbing snake auger while work is in progress.
While the user is stationary, the motor delivers all the necessary “movement” to remove the blockage. Though the user controls the snake from the configurable guide hose, the motor is what feeds the retractable cable into the drain and uses centrifugal force to unclog the drain. No lifting or directing motion by the user is required: “the cable [is] directly fed into the drain without touching or feeding the cable by hand.” The fact that the user remains relatively still while the work performed by the plumbing snake auger progresses signifies that the tool is not designed to “be used in the hand as described” by the EN to heading 8467, HTSUS. As such the merchandise cannot be classified as a “tool for working in the hand” under heading 8467, HTSUS.
The subject merchandise’s single function is to unclog drains. Machines and equipment designed to unclog drains are not provided elsewhere in Chapter 84 of the HTSUS. As such, we find that the subject plumbing snake auger is classified under heading 8479, HTSUS.
HOLDING:
By application of GRIs 1 and 6, the subject plumbing snake auger is classified under heading 8479, HTSUS, specifically subheading 8479.89.95, HTSUS, which provides for, “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and mechanical appliances: Other: Other.” The general column one rate of duty is 2.5 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8479.89.95, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, HTSUS, in addition to subheading 8479.89.95, HTSUS, listed above.
The HTSUS is subject to periodic amendment, so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided at https://hts.usitc.gov/current.
EFFECT ON OTHER RULINGS:
NY N332018, dated April 26, 2023, is hereby AFFIRMED.
Sincerely,
Yuliya A. Gulis, Director
Commercial and Trade Facilitation Division