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Classification Ruling Changes on Fishing Rods, Ground Mats, Extract Powders, Chemicals

Thursday, September 29, 2016
Sandler, Travis & Rosenberg Trade Report

The following proposed and final revocations and modifications of U.S. Customs and Border Protection classification rulings are included in the Sept. 21, 2016, Customs Bulletin and Decisions. Comments on the proposed revocations and modifications are due no later than Oct. 21 and the final revocations and modifications will be effective for goods entered or withdrawn from warehouse for consumption on or after Nov. 21.

Fishing Rods. CBP is proposing to reclassify children’s fishing rod and reel combinations as fishing rods under HTSUS 9507.30 rather than as toys under HTSUS 9503.90.80 (duty-free) or  9503.70.00 (duty-free). CBP states that it addressed the classification of such items in a 1998 ruling, in which it determined that the rods were designed for the utilitarian purpose of serving as an introductory sport fishing device, and that the two rulings at issue directly contradict that ruling. Rulings NY N0034349 and NY N004939 would be revoked to reflect this change.

Ground Mats. CBP is proposing to reclassify internally padded mats designed to be placed on the ground and subsequently sat, reclined, or laid upon as cushions under HTSUS 9404.90.20 (duty-free) rather than as other made up articles under HTSUS 6307.90.9889 (7 percent duty), 6307.90.99 (7 percent duty), or 6307.90.9050 (7 percent duty). CBP explains that it is immaterial that the mats do not necessarily induce or facilitate sleep or lend themselves to use apart from beds or bedding articles or that they include various materials designed to facilitate their conversion into a bag for transport purposes. However, CBP notes that this determination is applicable only to mats that contain internal padding. Rulings NY N253198, NY H82586, NY G85866, NY G86314, NY G86128, NY F81159, NY E87993, NY D80795, NY 878296, and NY 849584 would be revoked to reflect this change.

Bilberry and Blueberry Extract Powders. CBP is reclassifying bilberry and blueberry extract powders as other chemical products not elsewhere specified or included under HTSUS 3824.90.9290 (5.0 percent duty) rather than as other substances having anesthetic, prophylactic, or therapeutic properties under HTSUS 1302.19.4040 (1.3 percent duty) or other vegetable saps and extracts under HTSUS 1302.19.9140 (duty-free). Ruling HQ H262217 will revoke rulings HQ 964139, NY N219927, and NY N037866, and modify rulings NY N814027 and HQ 967972, to reflect this change.

Chemical Compounds. CBP is reclassifying Galaxolide® mixtures (chemical compounds used in the fragrance industry) as mixtures with a basis of one or more odoriferous substances, of a kind used in industry, under HTSUS 3302.90.1050 (duty-free) rather than as heterocyclic compounds with oxygen hetero-atoms only under HTSUS 2932.99.7000 (6.5 percent duty). Ruling HQ H274972 will revoke rulings NY N196797 and NY C85217 to reflect this change.

FM Transmitters for iPods. CBP is reclassifying FM transmitters for iPods as transmission apparatus for radio broadcasting under HTSUS 8525.50.70 (3 percent duty) rather than as apparatus for communication in a wireless network under HTSUS 8517.69.00 or transmission apparatus incorporating reception apparatus under HTSUS 8525.60.20. CBP explains that these products are apparatus that broadcast signals by means of electromagnetic waves without any line connection but do not have the ability to receive an FM signal. Ruling HQ H023819 will revoke ruling NY N008149, and ruling HQ H007467 will modify ruling NY N005439, to reflect this change.

CBP is also withdrawing its proposal to reclassify a plastic car mount for iPods due to pending litigation. As a result, this item will remain classified as an article of plastics under HTSUS 3926.30.50.

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