N280315 N2 Ruling Active

The tariff classification of a Frozen Beverage Blending Machine from China.

Issued November 9, 2016 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 8438.80.0000

Headings: 8438

Product description

The item under consideration, model FRLB6, is described as a Frozen Beverage Blending Machine. It is used to mix prepackaged frozen beverages such as ice cream, yogurt, coffee, fruit smoothies and protein shakes. You have stated that the machine does not make the ice-cream, yogurt or any other beverage option, but simply mixes the prepackaged ingredients. It is electrically powered, weighs 128 lbs. and measures 13.5 inches wide x 22 inches deep x 42.5 inches tall. The apparatus incorporates in a single housing: a mixing device, self-cleaning and steam-sanitization hardware, LCD mechanizing display, electronics for machine control and wireless communications for updating display content. The machine is designed to be used in retail establishments such as convenience stores or cafeterias. A customer selects prepackaged beverage ingredients from a separate customized merchandising freezer and then places the ingredients into the Frozen Beverage Blending Machine for mixing.

CBP rationale

The applicable subheading for the Frozen Beverage Blending Machine, model FRLB, will be 8438.80.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Machinery, not specified or included elsewhere in this chapter, for the industrial preparation or manufacture of food or drink, other than machinery for the extraction or preparation of animal or fixed vegetable fats or oils; parts thereof: Other machinery.

Full text

N280315 November 9, 2016 CLA-2-84:OT:RR:NC:N1:118 CATEGORY: Classification TARIFF NO.: 8438.80.0000 Mr. Martin A. Fogle F’real Foods 6121 Hollis St. Suite 500 Emeryville, CA 94608 RE: The tariff classification of a Frozen Beverage Blending Machine from China. Dear Mr. Fogle: In your letter dated October 3, 2016, you requested a tariff classification ruling. The item under consideration, model FRLB6, is described as a Frozen Beverage Blending Machine. It is used to mix prepackaged frozen beverages such as ice cream, yogurt, coffee, fruit smoothies and protein shakes. You have stated that the machine does not make the ice-cream, yogurt or any other beverage option, but simply mixes the prepackaged ingredients. It is electrically powered, weighs 128 lbs. and measures 13.5 inches wide x 22 inches deep x 42.5 inches tall. The apparatus incorporates in a single housing: a mixing device, self-cleaning and steam-sanitization hardware, LCD mechanizing display, electronics for machine control and wireless communications for updating display content. The machine is designed to be used in retail establishments such as convenience stores or cafeterias. A customer selects prepackaged beverage ingredients from a separate customized merchandising freezer and then places the ingredients into the Frozen Beverage Blending Machine for mixing. The applicable subheading for the Frozen Beverage Blending Machine, model FRLB, will be 8438.80.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Machinery, not specified or included elsewhere in this chapter, for the industrial preparation or manufacture of food or drink, other than machinery for the extraction or preparation of animal or fixed vegetable fats or oils; parts thereof: Other machinery. The rate of duty will be free. 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 on World Wide Web at https://hts.usitc.gov/current. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Anthony Grossi at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division

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