Print PDF

Practice Areas

CBP Ruling Revocations and Modifications on Auto Parts, Yarn, Apparel, Emergency Kits, Etc.

Wednesday, June 08, 2016
Sandler, Travis & Rosenberg Trade Report

The following proposed or final revocations and modifications of U.S. Customs and Border Protection classification rulings are included in the June 8, 2016, Customs Bulletin and Decisions. Comments on the proposed revocations and modifications are due no later than July 8 and the final revocations and modifications will be effective for goods entered or withdrawn from warehouse for consumption on or after Aug. 8.

Auto Parts. CBP is proposing to reclassify cast iron ring carriers for use in spark-ignition engine pistons as cast-iron parts for spark-ignition internal combustion piston engines under HTSUS 8409.91.10 (duty-free) rather than as finished parts for engines of headings 8407 or 8408 under HTSUS 8409.91.5085 (2.5 percent duty). CBP explains that the imported articles were not advanced beyond cleaning and were machined only for the removal of fins, gates, sprues and risers or to permit location in finishing machinery. Ruling NY N073512 would be revoked to reflect this change.

Cotton Knit Yarn. CBP is proposing to reclassify tubular cotton knit yarn of 92 percent cotton and 8 percent elastane, measuring more than 20,000 decitex, as loop wale-yarn under HTSUS 5606.00.0010 (8 percent duty) rather than as twine, cordage, rope or cables under HTSUS 5607.90.9000 (6.3 percent duty). CBP explains that the yarn is not produced by twisting, plaiting or braiding and is not manufactured as binder twine for tying packages, towing or loading and is therefore not described by the terms of heading 5607. Further, the yarn meets the definition of loop wale-yarn, which is to be classified in all cases in heading 5606. Ruling NY N200641 would be revoked, and ruling NY N244143 would be modified, to reflect this change.

Security Analytics Appliances. CBP is proposing to reclassify security analytics appliances that scan incoming data as other electrical machines and apparatus under HTSUS 8543.70.9650 (2.6 percent duty) rather than as other machines for the reception of data under HTSUS 8517.62.0050 (duty-free). CBP states that these items have two functions that work in tandem and are necessary for the items to work and that no single principal function can thus be identified. As a result, the items are classified in the heading that occurs last in numerical order among those that equally merit consideration. Rulings NY N213277, NY N247242 and NY N247732 would be revoked to reflect this change.

Aluminum Composite Sheets. CBP is reclassifying painted aluminum composite sheets consisting of one polyethylene layer bonded between two aluminum sheets and having peelable plastic protective film on both sides as other backed aluminum foil of a thickness not exceeding 0.2 mm under HTSUS 7607.20.50 (duty-free) rather than as other types of aluminum foil under HTSUS 7606.11.3060 (3.0 percent duty), 7607.19.3000 (5.7 percent duty) or 7607.19.6000 (3.0 percent duty). Ruling HQ H244174 will modify ruling NY N230615 and revoke ruling NY N200119 to reflect this change.

Mobile Pumper. CBP is reclassifying a mobile pumper used to pump chemical mixtures into an oil or gas well as a reciprocating positive displacement pump under HTSUS 8413.50.0090 (duty-free) rather than as a special purpose motor vehicle under HTSUS 8705.90.00 (duty-free). CBP explains that (a) the pumper is not described by heading 8705 because it does not have a propelling engine, a gear box and controls for gear changing, or steering and braking facilities and (b) it relies on a reciprocating plunger to displace the liquid pumped into the wells. Ruling HQ H155596 will modify ruling NY N049598 to reflect this change.

Women’s Suit-Type Jackets and Pants. CBP is reclassifying several styles of garment sets consisting of a women’s suit-type jacket and pair of pants as suits under HTSUS 6204.13.2010 (35.3 cents/kg + 25.9 percent duty) rather than classifying the jackets and pants separately in HTSUS 6204.33.5010 (27.3 percent duty) and 6204.63.3510 (28.6 percent duty), respectively. CBP explains that these items qualify to be classified as suits because (a) both the jackets and pants of each style are of the same fabric construction, style, color and composition and (b) each jacket consists of at least four panels. Ruling HQ H110416 will modify rulings NY N086736 and NY N086592 to reflect this change.

Luo Han Guo Powder and Liquid Products. CBP is classifying certain luo han guo powder and liquid, which are used as food sweeteners, as other glycosides under HTSUS 2938.90.0000 (3.7 percent duty) rather than as other chemical products and preparations not elsewhere specified or included under HTSUS 3824.90.91 or 3824.90.92 (5 percent duty). CBP is also reclassifying certain other luo han guo liquid as other chemical products and preparations not elsewhere specified or included under HTSUS 3924.90.9290 (5 percent duty) rather than as other vegetable saps and extracts under HTSUS 1302.19.9140 (duty-free). Ruling HQ H249896 will revoke rulings HQ W967214, NY N046672 and NY K84522 and modify ruling HQ H106785 to reflect this change.

Craft Supplies. CBP is reclassifying a set that includes several rolls of fashion decal tape, one tape cutter and a cardboard-backed guide book as a toy under HTSUS 9503.00.0073 (duty-free) rather than as other machines having individual functions under HTSUS 8479.89.9899 (2.5 percent duty). CBP explains that this set is composed of several articles all essentially designed for the amusement and creativity of children over a short duration of time. Ruling HQ H254152 will revoke NY N248844 to reflect this change.

Emergency Roadside Kits. In a number of rulings dating back to 1989, CBP determined that kits containing a range of articles packaged together to enable motorists to address roadside emergencies did not constitute a retail set for purposes of General Rule of Interpretation 3(b) and classified the items separately pursuant to GRI 1. It is now CBP’s position that these kits are properly classified pursuant to GRI 3(b) as retail sets. Ruling HQ H031458 will revoke rulings HQ 964937, HQ 084074, HQ 965021, HQ 950678, HQ 951092, HQ 951943, NY D87008, NY E80250, NY E81728, NY I81218, NY J86419, NY N008721 and NY N080536 to reflect this change.

To get news like this in your inbox daily, subscribe to the Sandler, Travis & Rosenberg Trade Report.

Customs & International Headlines