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Proposed Changes to Classification Rulings on Shoe Covers, Furniture, Drugs, Cinnamon Rolls

Wednesday, May 07, 2014
Sandler, Travis & Rosenberg Trade Report

In the April 30, 2014, Customs Bulletin and Decisions, U.S. Customs and Border Protection proposed to revoke or modify classification rulings on the following products. Comments are due by May 30.

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Product: Wafer probe cards.
Proposed action: Revocation of HQ H011054 and HQ H011056.
Current classification: HTSUS 8536.90.40, wafer probers, (duty-free).
Proposed classification: HTSUS 9030.82.00, other instruments for measuring or checking semiconductor wagers or devices (duty-free).
Explanation: These cards are accurately described as apparatus that carry out steps in a process for determining the condition of the electrical properties of integrated circuits etched onto semiconductor wafers.

Product: Botox® Cosmetic, an identical chemical compound to Botox® but marketed under different names for different uses.
Proposed action: Revocation of NY N209720.
Current classification: HTSUS 3304.99.5000, preparations for the care of the skin (duty-free).
Proposed classification: HTSUS 3002.90.5150, toxins and similar products (duty-free).
Explanation: This product is not a beauty product because it does not necessarily beautify the user by enhancing or reacting with the user’s skin. It is also not make-up because it is not applied topically to the skin, is not created or marketed for skin care, and does not have a direct effect on the skin itself.

Product: Wooden shelving units with baskets.
Proposed action: Revocation of NY N218739, NY N117616, NY N087304, NY N084602 and NY N063740.
Current classification: HTSUS 9403.50.9080, wooden bedroom furniture (duty-free).
Proposed classification: HTSUS 9403.60.80, other wooden furniture (duty-free).
Explanation: These units are not the same class or kind of goods as bedroom furniture based on physical characteristics, channels of trade, sales environment and economic practicality.

Product: Phenylketonuria nutritional supplements.
Proposed action: Revocation of NY N005717, NY N006048 and NY N006049.
Current classification: HTSUS 3004.90.9190, other medicaments put up in measured doses (duty-free).
Proposed classification: HTSUS 2106.90.9998, other food preparations (6.4% duty).
Explanation: A 2004 CBP ruling determined that a 2002 amendment to chapter note 1(a) to HTSUS Chapter 30 excluded any and all nutritional products from chapter 30 unless they are administered intravenously.

Product: Wooden writing desk and bookcases.
Proposed action: Revocation of NY N121616 and NY N236395.
Current classification: HTSUS 9403.50.9080, wooden furniture of a kind used in the bedroom (duty-free).
Proposed classification: HTSUS 9403.60.80, other wooden furniture (duty-free).
Explanation: The desk and bookcases are not principally used in bedrooms, offices or kitchens.

Product: Frozen unbaked roll-shaped pastries with cinnamon filling.
Proposed action: Revocation of NY N150096.
Current classification: HTSUS 1901.90.9095, other food preparations (6.4% duty).
Proposed classification: HTSUS 1901.90.56, other food preparations containing over 10% by dry weight of sugar described in additional U.S. note 3 to HTSUS Chapter 17, described in AUSN 8 to Chapter 17 and entered pursuant to its provisions (10% duty), if imported within the quantitative limits in AUSN 8; otherwise, HTSUS 1901.90.58 (23.7 cents/kg + 8.5% duty), in which case the rolls would be subject to the additional duty rates in HTSUS 9904.17.59-9904.17.65, as applicable.
Explanation: Based on additional information CBP has calculated that the sugar constitutes more than 10% of the cinnamon roll’s dry weight.

Product: Alefacept, a formulated drug indicated for the treatment of adult patients with moderate to severe chronic plaque psoriasis.
Proposed action: Revocation of NY J80522.
Current classification: HTSUS 3003.90.00, other medicaments not put up in measured doses or in forms or packings for retail sale (duty-free), if imported in bulk form; HTSUS 3004.90.9145, other medicaments put up in measured doses or in forms or packings for retail sale (duty-free), if imported in single-dose vials.
Proposed classification: HTSUS 3002.10.02, antisera and other blood fractions and modified immunological products (duty-free).
Explanation: Alefacept is an antibody fragment conjugate, an antibody combined with a protein, which is included within the definition of “modified immunological products.”

Product: Slip-on textile shoe covers, to be used in a semi-clean environment for aircraft assembly, that have PVC “micro dots” adhered to the bottoms to reduce slippage.
Proposed action: Modification of NY N238529.
Current classification: HTSUS 6402.99.4960, women’s slip-on footwear (37.5% duty).
Proposed classification: HTSUS 6307.90.98, other made up articles (7% duty).
Explanation: These covers do not have an applied sole because they are made of a single material, there is no additional layer or covering, and there is no line of demarcation separating the sole from the upper. Mere patches, pads, dots, strips, etc., attached to a sock’s underfoot area do not in and of themselves constitute an applied sole.

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