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CBP Ruling Revocations and Modifications on Laser Markers, Repair Kits, Dinnerware, Fabric

Monday, June 06, 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 1, 2016, Customs Bulletin and Decisions. Comments on the proposed revocations and modifications are due no later than July 1 and the final revocations and modifications will be effective for goods entered or withdrawn from warehouse for consumption on or after Aug. 1.

Laser Markers. CBP is proposing to reclassify certain cold laser markers used to mark gems as machine tools that use lasers to remove material under HTSUS 8456.10.8000 (2.4 percent duty) rather than as machine tools for working mineral materials under HTSUS 8464.90.0120 (2 percent duty). Ruling NY N210384 would be revoked to reflect this change.

Spare Parts Repair Kit. CBP is proposing to hold that spare parts kits used to repair or maintain mold machines do not constitute a retail set for purposes of General Rule of Interpretation 3(b). As a result, the individual components of these kits would be classified separately (with duty rates of 1.8 percent to 5.8 percent) rather than the kit as a whole being classified as parts of injection molding machines under HTSUS 8477.90.8501 (3.1 percent duty). Ruling NY N050746 would be revoked to reflect this change.

Ceramic Dinnerware. CBP is proposing to reclassify ceramic dinnerware as tableware for hotel or restaurant use under HTSUS 6912.00.20 (ceramic; 28 percent duty) or HTSUS 6911.10.10 (porcelain or china; 25 percent duty). Rulings HQ H169055 and HQ H226264 would be modified to reflect this change.

Antenna Shields. CBP is reclassifying antenna shields used in drilling as parts of other geophysical instruments and appliances under HTSUS 9015.90.0060 (duty-free) rather than as other geophysical instruments or appliances under HTSUS 9015.80.8040 (duty-free). Ruling HQ H267349 will modify ruling HQ H164415 to reflect this change.

Patient Lifting Devices. CBP is reclassifying patient lifting devices as other lifting, handling, loading or unloading machinery under HTSUS 8428.90.0290 (duty-free) rather than as medical furniture in HTSUS 9402.90.0020 (5.3 percent duty) or other types of lifting machinery under HTSUS 8428.90.0190 (duty-free). Ruling HQ H235507 will modify rulings NY 868691, NY 871935, NY B87708, NY C81648 and NY D83377 and revoke ruling NY N092699 to reflect this change.

Woven Fabric. CBP is issuing ruling HQ H266215 to modify ruling HQ H063618, which classified a polyethertherketone woven fabric used in sound filtration applications as other woven fabrics of manmade fibers under HTSUS 5806.32.20 (6.2 percent duty), to correct a misstatement of the Explanatory Notes to HS 5911. CBP states that whereas the ruling noted that this fabric is not a square shape, the ENs to HS 5911 reference the shape of the cloth’s meshes rather than the shape of the cloth itself.

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