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CBP Rulings on Quinoa, Toys, Bike Seats, Wine Bottle Bags, Watch Boxes, Prunes

Monday, July 08, 2013
Sandler, Travis & Rosenberg Trade Report

In the July 3, 2013, Customs Bulletin and Decisions, U.S. Customs and Border Protection proposed to revoke or modify rulings on the following products. Comments are due by Aug. 2.

Product: Seeds of the quinoa plant imported for use as a rice-like food product.
Proposed action: Revocation of HQ 087765.
Current classification: HTSUS 1212.99.00, other vegetable products (duty-free).
Proposed classification: HTSUS 1008.50.00, quinoa (1.1% duty).

Product: Aquadoodle products consisting of fabric or other materials with hydrochromatic ink and water pens that together create disappearing drawings.
Proposed action: Revocation of HQ W968020, HQ H050118, NY N091640, NY R03958 and NY L88572.
Current classification: HTSUS 6307.90.9889, other made-up articles (7% duty).
Proposed classification: HTSUS 9503.00.00, toys (duty-free).

Product: D-lysine, an isomer of lysine, which is an essential amino acid not synthesized in animals.
Proposed action: Modification of NY N056378 and revocation by operation of law of NY 815606, NY 807431 and NY 808921.
Current determination: Product is eligible for duty-free treatment under General Note 13 of the HTSUS (products included in the pharmaceutical appendix to the HTSUS).
Proposed determination: Product is not eligible for such treatment because lysine was deleted from the pharmaceutical appendix in April 1997.

Product: Unassembled child bicycle seat.
Proposed action: Revocation of NY N015337.
Current determination: Seats comprised of parts manufactured in Taiwan, China and the U.S. should be marked “made in the United States with additional components from China and Taiwan.”
Proposed determination: Components of foreign origin must be individually marked at importation to indicate the country of origin. When the importer files the entry summary it must also file a certificate for the country of origin marking of articles to be repacked. The marking of each foreign origin component must be visible through the retail container, or else that container must be marked to indicate the country of origin of each foreign component. CBP is also revoking the portion of NY N015337 that set forth the tariff classification of the imported parts, which it now finds to be incorrect.

Product: Wine bottle bag.
Proposed action: Revocation of NY N025633.
Current classification: HTSUS 4202.92.3031, travel, sports and similar bags of manmade fibers (17.6% duty).
Proposed classification: HTSUS 4202.92.90, other types of bags (17.6% duty).

Product: Electrical muscle stimulation machines designed to strengthen and tone abdominal muscles.
Proposed action: Revocation of HQ 966973, HQ 966716, NY J89141, NY D88729 and NY A84349.
Current classification: HTSUS 8543.89.96 (2.6% duty) or 8543.89.90 (3.4% duty), other electrical machines.
Proposed classification: HTSUS 8543.70.85, other machines for electrical nerve stimulation (duty-free).

Product: Molded plastic watch boxes.
Proposed action: Modification of NY N058483.
Current classification: HTSUS 4202.99.90, other containers and cases (20% duty).
Proposed classification: HTSUS 3923.10.00, plastic articles for the conveyance or packing of goods (3% duty).

Also in the July 3, 2013, Customs Bulletin and Decisions, CBP revoked or modified rulings on the following products, effective Sept. 3.

Product: Valve cable support.
Action: Revocation of NY N134819.
New ruling: HQ H207578.
New classification: HTSUS 8477.90.85, other parts of machinery for working rubber or plastics or for the manufacture of products from these materials (3.1% duty).

Product: Apomorphine hydrochloride ampules.
Action: Modification of NY 188116.
New ruling: HQ H200037.
New determination: Country of origin for marking purposes is Canada, where components from three different countries are mixed and put up in ampules, packaged, labeled and shipped to the U.S.

Product: Pitted and hydrated prunes.
New ruling: HQ H128998.
New determination: The process of pitting and hydrating prunes is not a manufacture or production for purposes of 19 USC 1313(b) drawback.

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