US Tariff Ruling N297495 = 2.6% mandatory tariff on bitcoin mining hardware - page 12.

Blokforge

member

Activity: 97

Merit: 35

Quote from: fanatic26_ on September 13, 2018, 03:18:46 PM

I wrote a paper for my company on this when they asked me to attempt to clarify the ruling. However, as was pointed out, by the letter of what they say there is no room to argue. ASICs are not freely programmable.

Our attorneys are full force on this. Not fun times.

minefarmbuy

full member

Activity: 1022

Merit: 221

We are not retail.

2.6% is more than welcome since August.

fanatic26_

full member

Activity: 294

Merit: 129

Quote from: AdValorem on September 13, 2018, 01:23:10 PM

Anyone know of anyone who is working to fight this? I'd love to connect.

I wrote a paper for my company on this when they asked me to attempt to clarify the ruling. However, as was pointed out, by the letter of what they say there is no room to argue. ASICs are not freely programmable.

NotFuzzyWarm

legendary

Activity: 3752

Merit: 2667

Evil beware: We have waffles!

To quote directly from the Ruling,

Quote

However, as the ENs explain in 84.71 (I), machines which operate only on fixed programs which cannot be modified by the user are excluded from heading 8471, HTSUS, even though the user may be able to choose between a number of fixed programs. Consequently, the merchandise does not meet the requirements of Note 5 (A)(ii), which requires that ADP machines be freely programmable. A freely programmable ADP machine is one for which applications can be written, does not impose artificial limitations upon such applications, and will accept new applications that allow the user to manipulate the data as deemed necessary by the user.

Based on those guidelines and the fact that an ASIC cannot be reprogrammed - and the plethora of ASIC's in them are the heart of the miners in question - I completely agree with the CBP ruling.

AdValorem

newbie

Activity: 1

Merit: 0

https://rulings.cbp.gov/ruling/N297495

The US Customs ruling for Bitcoin miners seems half-baked. They treat mining as though it is not a type of data-processing.

This HS code classification means that US based miners will have to pay a 2.6% tariff on any miners coming into the US from now on. Period.

Anyone know of anyone who is working to fight this? I'd love to connect.

Topic: US Tariff Ruling N297495 = 2.6% mandatory tariff on bitcoin mining hardware - page 12. (Read 26766 times)