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Classification Ruling Changes on Sheet Straps, Fiber Optics, Pellicles, Saw Kits, Resin

Wednesday, August 24, 2016
Sandler, Travis & Rosenberg Trade Report

The following proposed revocations and modifications of U.S. Customs and Border Protection classification rulings are included in the Aug. 17, 2016, Customs Bulletin and Decisions. Comments on the proposed revocations and modifications are due no later than Sept. 16 and the final revocations and modifications will be effective for goods entered or withdrawn from warehouse for consumption on or after Oct. 17.

Sheet Straps. CBP is proposing to reclassify sheet straps made from polyester elastic material and latex rubber elastic that are secured with metal alligator clips as other made up articles under HTSUS 6307.90.9889 (7 percent duty) rather than as other articles of iron or steel under HTSUS 7326.90.8585 (3.5 percent). CBP explains that the articles are not similar to those enumerated in the Explanatory Notes for heading 7326 (e.g., horseshoes, tree climbing irons and tool boxes) and that instead they are similar to the housekeeping articles and domestic use accessories included in the ENs for heading 6307. Ruling NY D84225 would be revoked to reflect this change.

Fiber Optic Products. CBP is proposing to reclassify plastic optical fiber products used to transmit light as optical fiber cables composed of individually sheathed fibers under HTSUS 8544.70.00 (duty free) rather than as optical fiber cables and bundles composed of individually sheathed fibers under HTSUS 9001.10.0030 (6.7 percent duty). Ruling NY N247006 would be revoked to reflect this change.

Photomask Pellicles. CBP is proposing to reclassify photomask pellicles as other articles of plastic under HTSUS 3926.90.9995 (5.3 percent duty) rather than as parts of machines and apparatus of a kind used solely for the manufacture of electronic integrated circuits under HTSUS 8486.90.00 (duty free). Pellicles function as protective covers for photomasks, which are quartz substrates onto which unique circuitry patterns have been etched. CBP explains that because the pellicles’ sole use is as protective sealants and the plastic film functions as the actual sealant, the plastic film imparts the essential character of the pellicles. Rulings HQ H055635, HQ H055636, HQ H031396 and NY N121378 would be revoked to reflect this change.

Hole Saw Kits. CBP is proposing to reclassify two kits used to cut holes in wood or metal doors to facilitate the installation of door locksets as parts of saws under HTSUS 8202.99.00 (duty free) rather than as tools for power-operated hand tools under HTSUS 8207.50.2080 (5 percent duty) or 8207.50.6000 (5.2 percent duty). CBP explains that the role, weight and value of the hole saws in relation to the use of the kits supports a determination that the saws impart the kits’ essential character. Rulings NJ J82340 would be modified to reflect this change.

Polyester Resin. CBP is reclassifying Dion 9100, an unsaturated polyester resin used in building fiberglass reinforced tanks, pipes and other plastic parts, as a polyether under HTSUS subheading 3907.20.0000 (6.1 percent duty) rather than as an unsaturated polyester resin under HTSUS subheading 3907.91.5000 (6.5 percent duty). Ruling HQ H116109 will revoke ruling NY N051856 to reflect this change.

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