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CBP Ruling Revocations and Modifications: Apparel, Auto Parts, Electronics, High-Tech Goods

Friday, October 30, 2015
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 Oct. 28, 2015, Customs Bulletin and Decisions. Comments on the proposed revocations and modifications are due no later than Nov. 27 and the final revocations and modifications will be effective for goods entered or withdrawn from warehouse for consumption on or after Dec. 28.

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Play Tables with Detachable Mobile Seats. CBP is proposing to reclassify play tables with detachable mobile seats as other toys labeled for use by persons under three years of age under HTSUS 9503.00.0071 (duty-free) rather than as a seat under HTSUS 9401.80.4045 (duty-free). CBP explains that the pedestal toy table imparts the essential character of the product because it predominates by its role in relation to the use of the goods as well as by bulk, weight, value and visual appearance. Ruling NY N074173 would be modified to reflect this change.  

Women’s Suit-Type Jackets and Pants. CBP is proposing to reclassify several styles of garment sets consisting of a women’s suit-type jacket and pair of pants as suits under HTSUS 6204.13.2010 (35.3 cents/kg + 25.9 percent duty) rather than classifying the jackets and pants separately in HTSUS 6204.33.5010 (27.3 percent duty) and 6204.63.3510 (28.6 percent duty), respectively. CBP explains that these items qualify to be classified as suits because (a) both the jackets and pants of each style are of the same fabric construction, style, color and composition and (b) each jacket consists of at least four panels. Rulings NY N086736 and NY N086592 would be modified to reflect this change.

Auto Cylinder Lock Sets. CBP is proposing to classify components of automobile cylinder lock sets together as locks of a kind used on motor vehicles under HTSUS 8301.20.0060 (5.7 percent duty) rather than classifying the lock assembly/ignition switch/wire harness separately as electrical apparatus under HTSUS 8536.50.9065 (2.7 percent duty) and the actual locks and articles containing locks and keys under HTSUS 8301.20.0060. CBP explains that the separate items are considered goods put up in sets for retail sale and that the locks impart the essential character to these sets. Ruling NY I84093 would be revoked to reflect this change.

Hair Irons. CBP has issued ruling HQ H157778 to revoke ruling NY N060719 and modify rulings N025515 and N060721 and reclassify electric irons used to flatten or straighten hair as other hairdressing apparatus under HTSUS 8516.32.00 (3.9 percent duty) rather than as electric flat irons under HTSUS 8516.40.4000 (2.8 percent duty). CBP explains that the flatirons of subheading 8416.40 are irons used for pressing cloth and that by contrast the items at issue are in the nature of hairdressing apparatus.

Triathlon Short. CBP has issued ruling HQ H039658 to revoke ruling NY N007456 and reclassify a woman’s triathlon racing short as other women’s or girls’ garments of manmade fibers under HTSUS 6114.30.3070 (14.9 percent duty) rather than as women’s shorts of synthetic fibers under HTSUS 6104.63.2006 (28.2 percent duty). CBP explains that these items meet its consistently stated requirement for articles classified in heading 6114 to be limited to use in a particular sport, designed for use in a particular sport and worn only while participating in the sport.

Inkjet Printer/Cutter. CBP has issued ruling HQ H128416 to modify ruling NY N004132 and reclassify a wide format inkjet printer/cutter designed to produce outdoor graphics that are UV- and water-resistant as other ink jet printers under HTSUS 8443.32.10 (duty-free) rather than as other machinery under HTSUS 8477.80.00 (3.1 percent duty). CBP explains that the principal function of the product is to print graphics on a variety of materials and that it should therefore be classified as if consisting only of the printer.

Battery Backups. CBP has issued ruling HQ H192478 to revoke ruling N093423 and reclassify two lithium power sources designed to provide ten years of battery backup power for certain semiconductors as lithium primary cells and primary batteries under HTSUS 8506.50.00 (2.7 percent duty) rather than as static converters under HTSUS 8504.40.9540 (1.5 percent duty). CBP explains that these items are not considered static converters because they generate electrical energy by means of a chemical reaction involving lithium cells. Instead, the items are to be classified as if consisting only of that component or as being that machine that performs the principal function, which CBP states is to provide a source of current, which in turn emanates from the lithium battery.

Mobile Phone Kits. CBP has issued ruling HQ H252291 to revoke ruling NY N049055 and state that mobile phone components (including handsets, batteries, battery covers, chargers and instruction manuals) imported in bulk but packaged separately are not classifiable as unassembled sets in HTSUS heading 8517 because the manual and charger are not parts of a cellular telephone and are not put up together with the handsets and batteries for retail sale. Instead, the handsets, batteries and battery covers are classified as telephones for cellular or other wireless networks under HTSUS 8517.12.00 (duty-free), the battery chargers are classified as static converters for telecommunication apparatus under HTSUS 8504.40.85 (duty-free) and the instruction manuals are classified as printed matter under HTSUS 4901.99.00 (duty-free).

Electronic Learning Devices. CBP is reclassifying various electronic learning devices for children as electrical machines and apparatus having individual functions under HTSUS 8543.70.96 (2.6 percent duty) rather than as toys under HTSUS 9503 (duty-free). CBP explains that these devices fall into the category of “surrogate instructor” (i.e., they are intended to help children learn the same basic skills taught in school) and thus are not considered educational toys for tariff purposes. Ruling HQ H039058 is revoking rulings NY E84480, NY F85877, NY I84192, NY J84806, NY L85697 and NY L86633 and modifying ruling NY E86264 to reflect this change.

Intestinal Drug. CBP is reclassifying Linzess®, a drug indicated for the treatment of certain intestinal conditions, as toxins under HTSUS 3002.90.51 (duty-free) rather than as other medicaments under HTSUS 3004.90.9160. CBP explains that the active ingredient of this drug is produced by genetically modifying an enterotoxin and maintains some of the effect of an enterotoxin. Ruling HQ H250309 will revoke ruling NY N233631 to reflect this change.

Sliced and Diced Potatoes. CBP is reclassifying sliced and diced potatoes treated with sodium bisulfite to preserve their color as dried potatoes, whether or not cut or sliced but not further prepared, under HTSUS 0712.90.30 (2.3 cents/kg duty) rather than as potatoes prepared or preserved otherwise than by vinegar or acetic acid under HTSUS 2005.20.00. CBP explains that potatoes treated with sodium bisulfite can be put to all the same uses as fresh potatoes and thus do not meet the definition of “prepared” or “preserved.” Ruling HQ H243645 will modify rulings HQ 966202, NY 189048 and HQ 954208 to reflect this change.

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