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Classification Ruling Changes on Transfer Ribbons, Light Towers, Auto Parts, Footwear

Wednesday, September 28, 2016
Sandler, Travis & Rosenberg Trade Report

The following final revocations of U.S. Customs and Border Protection classification rulings are included in the Sept. 21 2016, Customs Bulletin and Decisions. These revocations will be effective for goods entered or withdrawn from warehouse for consumption on or after Nov. 21.

Thermal Transfer Ribbons. CBP is reclassifying thermal transfer ribbons as parts of printing machinery under HTSUS 8443.99.25 (duty-free) rather than as typewriter or similar ribbons under HTSUS 9612.10.10 and 9612.10.90. CBP explains that, among other things, there are differences in physical characteristics and printing processes between the subject ribbons and typewriter ribbons. Ruling HQ 252683 will revoke rulings HQ 958899, HQ 958572, NY 814940, and NY 814490 to reflect this change.

Portable Light Towers. CBP is reclassifying portable light towers designed for providing light to open spaces and jobsites as electric generating sets under HTSUS 8502.11.00 (2.5 percent duty) rather than as electric lamps under HTSUS 9405.40.6000 (6 percent duty). CBP explains that these towers are composite goods and that the electric generators provide their essential character because they constitute the bulk of the towers and provide the source of energy to the flood lights. Ruling HQ H270400 will revoke ruling NY N026470 to reflect this change.

Auto Parts. CBP is reclassifying cast iron ring carriers for use in spark-ignition engine pistons as cast-iron engine parts not advanced beyond cleaning, and machined only for the removal of fins, gates, sprues, and risers or to permit location in finishing machinery, under HTSUS 8409.91.10 (duty-free) rather than as other parts for engines of headings 8407 or 8408 under HTSUS 8409.91.5085 (2.5 percent duty). After reviewing the ring carriers at the time of importation and the subsequent post-importation processes performed on them, CBP determined that the ring carriers are fully described by the terms of subheading 8409.91.10. Ruling HQ H100675 will revoke ruling NY N073512 to reflect this change.

Compression Hosiery. CBP is reclassifying graduated compression hosiery prescribed by physicians and sold in medical and surgical supply stores as surgical stockings with graduated compression for orthopedic treatment under HTSUS subheading 6115.10.05 (duty-free) rather than as other women’s hosiery under HTSUS subheading 6115.30.9010 (14.6 percent duty). CBP explains that given their channels of sale, use, and therapeutic effectiveness these items are substantially similar to other items CBP has previously classified under HTSUS subheading 6115.10.05. Ruling HQ H237738 will revoke ruling NY N235286 to reflect this change.

Footwear. CBP is reclassifying an item consisting of several articles of footwear and related accessories for the practice of yoga and other exercise activities as slip-on footwear with open toes or heels under HTSUS 6404.19.39 (37.5 percent duty) rather than classifying each component separately. Reversing its original finding, CBP states that this item qualifies as a good put up in a set for retail sale pursuant to GRI 3(b) because its individual components are put up together for use in a single purpose or activity. However, CBP was unable to distinguish which of two components conveyed the set’s essential character and therefore classified the item pursuant to GRI 3(c) under the heading that occurs last in numerical order among those that equally merit consideration. Ruling HQ H242428 will revoke ruling NY N239002 to reflect this change.

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