&&This product is used with the BLSTVB series of Oster® blenders for pushing ingredients in the blender downward toward the blade. The tamper goes in through the opening in the lid, and when not in use, it is removed and the plastic cap filler is re-inserted into the lid. This product is made of plastic and is included with models BLSTV-000-033, 000-000 and 000B33. It is also sold separately as an "accessory" on the Oster® website.

&&You have proposed that this product be classified as a "part" under classification number 8509.90.20.90 as a "part" of a blender (8509.40.90.20). A part is defined as "an identifiable component of an article, machine, apparatus, equipment, appliance or specific good which is integral to the design and essential to the function of the product in which it is used". This product does not meet the definition of a part as it is not integral to the design and essential to the function of the product for which it is used. It is not necessary for the safe operation of the blender and it is not an integral part of the blender. The blender will blend and chop food without the use of the tamper tool.&&&&This tool meets the definition of an "accessory" as defined in D10-0-1. "Accessory" is defined as "an article which performs a secondary or subordinate role, not essential to the function, which could improve the effectiveness of the host machine, equipment, apparatus or appliance". For an article to be considered an accessory it must be solely or principally for use with a particular good and must supplement the functionality of that good. The tamper tool which pushes the food down into the blender blade to chop it up performs a secondary role not essential to the function of the blender. Thus, it is considered an "accessory" to the blender.&&&&Blenders are classified under classification number 8509.40.90.20. This heading allows for parts and accessories which are sold with the appliance. This is supported by the Explanatory Note to heading 85.09, "Equipment Presented with the Appliances of this Heading" which states:&&&&"Many of the appliances listed above may be presented with interchangeable parts or auxiliary devices to make them suitable for various purposes. For example, food mixers which can be used for cutting, grinding, whipping, mincing, etc.; slicers with honing and sharpening devices; floor scrubbers with a polishing brush set; scrubbers with a soap feeder and suction device for removing dirty water or soap suds. Such an appliance is classified here together with the parts and accessories presented with it, provided they are of a kind and number commonly used with the appliance. The weight of the extra interchangeable parts or detachable auxiliary devices is to be ignored in determining whether the appliance falls in the heading under the terms of paragraph (B) above".&&&&The product at issue, however, is being imported separately, and as such, is classified according to its constituent material in Chapter 39 as an article of plastics. Further, the Tamper Tool meets the terms of heading 39.24, "Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics".&&