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CBP Moves to Revoke or Modify Classification Rulings

Monday, May 11, 2015
Sandler, Travis & Rosenberg Trade Report

The following proposed or final revocations and modifications of classification rulings by U.S. Customs and Border Protection are included in the May 6, 2015, Customs Bulletin and Decisions. These changes would result in lower import duties on certain textile fibers, chemical products, modular transporters, lawn ornaments and surgical drapes.

Textile Fibers. CBP is proposing to reclassify polyvinyl alcohol fibers chopped into lengths of less than 5 mm as textile fibers not exceeding 5 mm in length under HTSUS 5601.30.00 (duty-free) rather than as other synthetic staple fibers under HTSUS 5503.90.9000 (4.3 percent duty). CBP explains that while Chapter 55 generally provides for manmade staple fibers, textile fibers of 5 mm or less are classified in heading 5601.

Ruling NY R04929 would be revoked to reflect this change. Comments are due by June 5.

Chemical Product. CBP is reclassifying reclassify Bergazid OA-4000, a mixture of several fatty acids that is used chiefly for food ingredients, cosmetics, cleaners and certain technical applications, as other industrial monocarboxylic fatty acids derived from palm oil under HTSUS 3823.19.20 (2.3 percent duty) rather than as mixtures of fatty acid esters under HTSUS 3824.90.41 (4.6 percent duty).

CBP has issued ruling HQ H254695 to revoke ruling NY N237986 to reflect this change, effective for merchandise entered or withdrawn from warehouse for consumption on or after July 6.

Self-Propelled Modular Transporters. CBP is reclassifying self-propelled modular transporters as other self-propelled trucks under HTSUS subheading 8427.20.80 (duty-free) rather than as motor vehicles for the transport of goods under HTSUS 8704.23.00 (25 percent duty) or self-propelled works trucks under HTSUS 8709.19.00 (duty-free). SPMTs are multi-axle machines designed for the purpose of raising, moving and positioning very large, multi-ton payloads such as bridge segments, portions of ship hulls and oil rig constructions. CBP explains that while SPMTs are properly described as works trucks, their independent suspension and cargo elevating functions constitute lifting or handling equipment.

CBP has issued ruling HQ H180102 to revoke rulings HQ H122237, HQ H123524, NY 086210, HQ 955231 and HQ 952400 to reflect this change, effective for merchandise entered or withdrawn from warehouse for consumption on or after July 6.

Lawn Ornaments. CBP is reclassifying a lighted penguin lawn ornament composed of a coated metal frame decorated in multiple plastic beads as other Christmas ornaments under HTSUS 9505.10.2500 (duty-free) rather than as other plastic articles under HTSUS 3926.90.3500 (6.5 percent duty). CBP explains that this item is closely associated with Christmas because it is topped with a string of lights shaped like a Santa hat.

CBP has issued ruling HQ H039566 to revoke ruling NY N035321 to reflect this change, effective for merchandise entered or withdrawn from warehouse for consumption on or after July 6.

Surgical Drapes. CBP is proposing to reclassify self-adhesive surgical drapes as other articles put up in forms or packings for retail sale for medical or surgical purposes, having an adhesive layer, under HTSUS 3005.10.50 (duty-free) rather than as other plastic self-adhesive sheets under HTSUS 3919.90.5060 (5.8 percent duty). CBP explains that these items are put up for direct sale without repacking to medical professionals for use in wound care and treatment.

Ruling NY N175698 would be revoked to reflect this change. Comments are due by June 5.

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