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CBP Classification Rulings on Games, Decorations, Generators, Jewelry Boxes, LEDs, Musical Instruments, Beverage Bottles, Medical Device Cases, Works Trucks

Friday, November 04, 2011
Sandler, Travis & Rosenberg Trade Report

In the Nov. 2, 2011, Customs Bulletin and Decisions, U.S. Customs and Border Protection proposed to revoke or modify the following classification rulings. Comments are due by Dec. 2.

Product: Outdoor game comprising two plastic paddles and one plastic ball.
Proposed action: Revocation of NY N023143.
Current classification: HTSUS 9506.99.6080, other articles and equipment for sports or games.
Proposed classification: HTSUS 9503.00.00, toys.
Explanation: The subject merchandise is designed more as a source of amusement than as a serious athletic activity meant to equip its users for competition.

Product: Metal jingle bell wreaths and hanging decorations.
Proposed action: Revocation of NY J85472 and NY L85374.
Current classification: HTSUS 9505.10.25, Christmas ornaments.
Proposed classification: HTSUS 8306.10.00, bells, gongs and the like.
Explanation: The items are primarily made up of bells that function as bells by chiming to alert a house’s occupant that someone is at the front door.

Product: Gas generators imported to be combined with power turbines.
Proposed action: Modification of HQ 967102 and revocation of HQ 087981.
Current classification: HTSUS 8411.82.8000, other gas turbines, and 8411.99.90, parts of gas turbines.
Proposed classification: HTSUS 8411.82.8000.
Explanation: CBP believes the classification in HQ 967102 is correct but is modifying that ruling to expand on the analysis, which relied on a distinction between gas turbines designed to provide propulsion to aircraft and gas turbines designed or adapted for industrial use. Concerning HQ 087981, CBP states that the merchandise at issue falls within the definition of a gas turbine because it consists of a compressor, a combustion chamber and a turbine to power the compressor. As the gas generator is not a turbojet or turbopropeller, it is classified as an other gas turbine.

Product: Jewelry boxes covered in plastic-coated paper.
Proposed action: Modification of HQ 953610.
Current classification: HTSUS 4202.99.10, jewelry boxes of plastic.
Proposed classification: HTSUS 4202.92.90, jewelry boxes with outer surface of sheeting of plastic.
Explanation: A 2000 decision by the Court of International Trade defined “sheeting” as material in the form of or suitable for forming into a broad surface of something that is unusually thin or is a material in the form of a continuous thin covering or coating. Subsequent to that decision CBP has consistently ruled that jewelry boxes covered in plastic-coated paper are classified in HTSUS 4202.92.

Product: Light-emitting diode backlight.
Proposed action: Revocation of HQ 952718.
Current classification: HTSUS 8541.40.20, LEDs.
Proposed classification: HTSUS 8543.70.70, electric luminescent lamps.
Explanation: The backlight is an electrical apparatus in that it is a set of materials to be used for a particular purpose (to generate light), which can be performed distinctly from and independently of any other machine or appliance. It is therefore an apparatus with an individual function not elsewhere specified or included and properly classified in heading 8543.

Product: Plastic recorder musical instrument.
Proposed action: Revocation of NY N012485.
Current classification: HTSUS 9503.00.00, scale models and similar recreational models, working or not.
Proposed classification: HTSUS 9205.90.40, other woodwind instruments.
Explanation: The instrument at issue is a full-size, traditional recorder and its size, shape and appearance provide a clear indication that it is suitable for serious musical study or use. The instrument therefore does not belong to a class or kind of goods principally used for amusement.

Product: LED lamps.
Proposed action: Revocation of NY N020620, NY M83236, NY L84113 and NY E89000.
Current classification: HTSUS 8539.39.00, other discharge lamps; 8539.49.00, other ultraviolet or infrared lamps; or 8541.40.20, LEDs.
Proposed classification: HTSUS 9405.40.60, other metal electric lamps, or 9405.40.80, other electric lamps.
Explanation: LEDs convert electrical energy into electromagnetic radiation when current is applied, whereas filament lamps and discharge lamps produce light in different ways. Because the subject items provide an isolated source of light, they meet the definition of “lamp.”

Product: Plastic beverage bottles.
Proposed action: Modification of HQ 952264 and revocation of NY D82348 and NY F80484.
Current classification: HTSUS 3924.90, other household articles of plastics.
Proposed classification: HTSUS 3924.10.40, tableware and kitchenware of plastics.
Explanation: Many of the exemplars of “tableware” classifiable under HTSUS 3924.10 are items from which the consumer can directly consume beverages or food, a primary characteristic shared with the bottles at issue.

Product: Travel bag designed to provide storage, protection, organization and portability to medical equipment and accessories during travel.
Proposed action: Modification of NY M87216.
Current classification: HTSUS 4202.92.3031, travel bags with outer surface of manmade textile materials.
Proposed classification: HTSUS 4202.92.90, specialty cases.
Explanation: The case at issue is exclusively designed to hold and carry specific medical equipment and therefore is excluded from classification as travel, sports and similar bags.

Also in the Nov. 2, 2011, Customs Bulletin and Decisions, CBP revoked the following classification ruling, effective Jan. 2, 2012.

Product: Four-wheeled, self-propelled vehicle used to haul materials in factories, warehouses, golf courses and sports fields.
Action: Revocation of NY N129146.
New ruling: HQ H147081.
New classification: HTSUS 8709.19.00, works trucks.

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