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Classification Ruling Revocations and Modifications

Thursday, December 24, 2015
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 Dec. 23, 2015, Customs Bulletin and Decisions. Comments on the proposed revocations and modifications are due no later than Jan. 22, 2016, and the final revocations and modifications will be effective for goods entered or withdrawn from warehouse for consumption on or after Feb. 22, 2016.

Double-Walled Beverage Bottles. CBP is proposing to reclassify stainless steel, double-walled beverage bottles as vacuum flasks and other vacuum vessels under HTSUS 9617.00.10 (7.2 percent duty) rather than as table articles of steel under HTSUS 7323.93.0080 (2 percent duty). CBP explains that a partial vacuum serves as an insulating barrier between the bottles’ two walls and that the purpose of this vacuum is to maintain the temperature of the beverage inside the bottle. Rulings NY N254461 and NY N264760 would be revoked to reflect this change.

Pillowcases. CBP is proposing to reclassify two pillowcases of 100 percent cotton woven fabric that are packaged in a small self-fabric bag as other napped bed linen under HTSUS 6302.31.70 (3.8 percent duty) rather than as cotton pillowcases under HTSUS 6302.31.9010 (6.7 percent duty). CBP explains that while only some fibers have been raised from the surface of the fabric, the level of napping is still visible to the eye and has been accomplished through the brushing process that is necessary for the formation of all napping. Ruling NY N239270 would be revoked to reflect this change.

Medical Apparatus. CBP is proposing to reclassify a tube string subassembly of a surgical instrument as other parts and accessories of electro-medical instruments and appliances under HTSUS 9018.90.75 (duty-free) rather than as parts and accessories of electro-surgical apparatus under HTSUS 9018.90.60. CBP explains that this apparatus does not serve to perform a surgical procedure by virtue of its electronic operation. Ruling HQ 085366 would be revoked to reflect this change.

Flocked Heat Transfers. CBP is proposing to reclassify flocked heat transfers and textile/PVC material designed for transferring images to fabric or other surfaces as other transfers (decalcomanias) under HTSUS 4908.90.00 (duty-free) rather than as textile flock under HTSUS 5601.30.00 (0.5 percent duty) or other textile fabrics coated with plastics under HTSUS 5903.10.2500 (8 percent duty). CBP explains that it considers the subject goods to be printed matter because they are manufactured using similar machinery to that used in printing with ink and are used in the same manner as heat transfers made from other media (i.e., ink). Rulings NY J81335, NY J80560 and NY E85712 would be revoked to reflect this change.

Bilberry and Blueberry Extract Powders. CBP is proposing to reclassify bilberry and blueberry extract powders as other chemical products not elsewhere specified or included under HTSUS 3824.90.9290 (5.0 percent duty) rather than as other substances having anesthetic, prophylactic or therapeutic properties under HTSUS 1302.19.4040 (1.3 percent duty) or other vegetable saps and extracts under HTSUS 1302.19.9140 (duty-free). Rulings HQ 964139, NY N219927 and NY N037866 would be revoked, and rulings NY N814027 and HQ 967972 would be modified, to reflect this change.

Craft Supplies. CBP is proposing to reclassify a set that includes several rolls of fashion decal tape, one 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 NY N248844 would be revoked to reflect this change.

Cast Socks. CBP is proposing to reclassify a sock used to cover the foot while wearing a cast as an orthopedic or fracture appliance under HTSUS 9021.10.00 (duty-free) rather than as other socks of synthetic fibers under HTSUS 6115.96.9020 (14.6 percent duty). CBP explains that given its design this item is only suitable to be worn with a cast. Ruling NY N183637 would be modified to reflect this change.

Paper and Notebooks. CBP is reclassifying filler paper as other paper under HTSUS 4811.90.9080 (duty-free) rather than as writing and cover paper under HTSUS 4802.57.1000 (duty-free) and has determined that this paper qualifies for NAFTA preferential tariff treatment. CBP is also reclassifying composition notebooks as sewn composition books under HTSUS 4820.10.2030 (duty-free), and spiral notebooks and wireless notebooks as other notebooks under HTSUS 4820.10.2040 (duty-free), rather than as memo pads, letter pads and similar articles under HTSUS 4820.10.2020 (duty-free). Ruling HQ H072375 will modify ruling NY N057699 to reflect this change.

Necklaces. CBP is reclassifying necklaces made of woven nylon fabric surrounding a silicone/plastic core as plastic imitation jewelry under HTSUS 7117.90.75 (duty-free) rather than as other made up clothing accessories under HTSUS 6217.10.95 (14.6 percent duty). CBP explains that the plastic components impart the essential character of the necklaces because they weigh more and cost more than the textile components and provide shape and structure to the necklace. Ruling HQ H257790 will revoke ruling NY N022480 and modify ruling NY N059109 to reflect this change.

Tissue Boxes. CBP is modifying ruling NY N261615 to hold that finished facial issues manufactured abroad from U.S.-origin jumbo rolls of tissue paper are (a) eligible for preferential treatment under NAFTA when imported from Canada or Mexico and should be marked as a product of those countries, (b) eligible for preferential treatment under the U.S.-Korea FTA when imported from Korea but will remain a product of the U.S. for country of origin marking purposes since the jumbo rolls will not be substantially transformed in Korea, and (c) a product of the U.S. when imported from China because the jumbo rolls are not substantially transformed in China.

BBQ Wood Chips. CBP is reclassifying flavored barbecue wood chips containing a mixture of wood shavings and a mixture of herbs and spices in a gelatin base as other sawdust and wood waste and scrap under HTSUS 4401.39.40 (duty-free) rather than as other articles of wood under HTSUS 4421.90.9040 (5.1 percent duty). CBP explains that since both the wood chips and the herbs and spices provide flavoring, which is the primary purpose of the product, it cannot determine which gives the product its essential character. CBP then turns to GRI 3(c) to classify the product under the heading that occurs last in numerical order. Ruling HQ H261687 will revoke ruling HQ 951145 to reflect this change.

Fly-Trapping Glue Boards. CBP is reclassifying fly-trapping glue boards that consist of sheets of paperboard with an adhesive on one side as fly ribbons under HTSUS 3808.91.10 (2.8 percent duty) rather than as other insecticides put up as preparations or articles under HTSUS 3808.91.50 (5 percent duty). CBP explains that these items are a form of fly paper, a term that is interchangeable with fly ribbons. Ruling HQ H261067 will revoke ruling NY N238867 to reflect this change.

Worked Glass Balls. CBP is withdrawing its proposal to reclassify worked glass balls used in medical infusion pumps as other articles of glass under HTSUS 7020.00.60 (5 percent duty) rather than as other laboratory glassware under HTSUS 7017.90.5000 (6.7 percent duty), stating that this proposal was erroneously published.

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