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CBP Classification Rulings on Footwear, Kayaks, Mugs, Bike Seats, Foods, Etc.

Wednesday, July 30, 2014
Sandler, Travis & Rosenberg Trade Report

In the July 23, 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 Aug. 22.

Product: Flimsy pull-on boots made of 100 percent rubber and a sole consisting of a pebbly polyvinyl chloride.
Proposed action: Revocation of PD B80930.
Current classification: HTSUS 6401.92.60, waterproof footwear having soles and uppers with an external surface area of over 90 percent PVC (4.6 percent duty).
Proposed classification: HTSUS 6401.92.90, other waterproof footwear (37.5 percent duty).
Explanation: Both the sole and the upper must have an external surface area of over 90 percent PVC to be classified in HTSUS 6401.92.60, but this boot is made entirely of rubber and contains no PVC at all.

Product: Blow-molded kayak made from high-density polyethylene plastic.
Proposed action: Modification of NY N246367.
Current classification: HTSUS 8903.99.1500, other row boats and canoes not of a type designed to be principally used with motors or sails (2.7 percent duty).
Proposed classification: HTSUS 8903.99.05, canoes (duty-free).
Explanation: In 1991 CBP ruled that kayaks are described by the term “canoe” because both are characterized by lightness, maneuverability, versatility, ease of repair, silent operation and relatively inexpensive cost.

Product: Cast iron piece that acts as the base/floor of a wind turbine generator set.
Proposed action: Revocation of NY N090476.
Current classification: HTSUS 8503.00.9560, other parts suitable for use solely or principally with machines of heading 8501 or 8502 (3 percent duty).
Proposed classification: HTSUS 8412.90.90, other parts of engines and motors (duty-free).
Explanation: This frame is a subpart of the complete wind turbine, in that it is a part of the wind engine (which is itself a part of the wind turbine), and as such is not provided for under HTSUS heading 8503.

Product: Thermal conductive greases.
Proposed action: Revocation of NY N144035.
Current classification: HTSUS 3824.90.28, other mixtures containing five percent or more by weight of one or more aromatic or modified aromatic substances (6.5 percent duty).
Proposed classification: HTSUS 3910.00.00, silicones in primary form (3 percent duty).
Explanation: These products consist of organopolysiloxane paste with aluminum and zinc oxide and are therefore silicone in primary form. Furthermore, these products are silicone greases that are used for their stability at high temperatures, which is consistent with the description of the products in the explanatory notes to heading 3910.

Product: Dolomite ceramic novelty drinking vessels.
Proposed action: Revocation of NY N131398.
Current classification: HTSUS 6912.00.2000, other ceramic ware not household ware (28 percent duty).
Proposed classification: HTSUS 6912.00.44, other ceramic drinking vessels and steins (10 percent duty), and 6912.00.48, other ceramic tableware and kitchenware (9.8 percent duty).

Product: Asian dumplings.
Proposed action: Modification of HQ 086283 and NY M86459.
Current classification: HTSUS 1602.31.0020, prepared meals of poultry (6.4 percent duty); 1605.20.0510 (if in airtight containers) or 1605.20.0590 (if otherwise put up), prepared meals containing fish meat (five percent duty); or 1901.90.9060 (if put up for retail sale) or 1901.90.9095 (if otherwise put up), other food preparations of meal (6.4 percent duty).
Proposed classification: HTSUS 1902.20.00, stuffed pasta, whether or not cooked or otherwise prepared (6.4 percent duty).
Explanation: The subject items all consist of a flour dough jacket stuffed with turkey, chicken and/or shrimp and, like frozen ravioli, are molded into specific shapes, cooked and frozen.

Product: Aquatic training shoes.
Proposed action: Modification of HQ H012677.
Current classification: HTSUS 6404.11.90, sports footwear (20 percent duty).
Proposed classification: HTSUS 6404.11.90, tennis shoes, basketball shoes, gym shoes, training shoes and the like (20 percent duty).
Explanation: The shoes have gills on the sides and drain holes on the bottom, neither of which provides traction during sporting activities or is similar to spikes or cleats. Instead, these shoes are specifically designed for athletic training in the water.

Also in the July 23, 2014, “Customs Bulletin and Decisions,” CBP revoked or modified classification rulings on the following products, effective Sept. 22.

Product: Wafer probe cards used for the testing of integrated circuits.
Action: Revocation of HQ H011054 and HQ H011056.
New ruling: HQ H192481.
New classification: HTSUS 9030.82.00, other instruments and apparatus for measuring or checking semiconductor wafers or devices (duty-free).

Product: Electrical muscle stimulation machines.
Action: Revocation of HQ 966973, HQ 966716, NY J89141, NY D88729 and NY A84349.
New ruling: HQ H112635.
New classification: HTSUS 8543.70.85, other machines for electrical nerve stimulation (duty-free).
Explanation: The electrical unit that supplies electricity to the adhesive pads imparts the essential character to the machines and thus meets the terms of heading 8543.

Product: Child bicycle seats.
Action: Revocation of NY N016953, NY N066722 and NY N166197.
New ruling: HQ H180103.
New classification: HTSUS 8714.99.80, other accessories of vehicles of headings 8711 to 8713 (10 percent duty).
Explanation: The seats are accessories (not parts) of adult bicycles because they attach directly to the bicycle, their function is subordinate to the bicycle’s function, and they increase the effectiveness of the bicycle.

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