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CBP Ruling Changes: Fruit Products, Car Covers, Solar Kits

Friday, May 24, 2019
Sandler, Travis & Rosenberg Trade Report

The following proposed revocations or modifications of U.S. Customs and Border Protection rulings are included in the May 15, 2019, Customs Bulletin and Decisions. Comments are due no later than June 14.

Fruit Products

CBP is proposing to reclassify fruit products containing pineapple and mango with lime juice and pineapple and banana with lime juice as mixtures of dried fruits otherwise prepared or preserved under HTSUS 0813.50.00 (14 percent duty) and to hold that they are entitled to duty-free treatment under the African Growth and Opportunity Act. CBP had previously classified these items as other fruit mixtures under HTSUS 2008.97.1040 (5.6 percent duty) or 2008.97.9094 (14.9 percent duty) and found that they were not eligible for duty-free treatment under AGOA. Rulings NY N293259 and NY N296311 would be modified to reflect this change.

Textile Car Covers

CBP is proposing to reclassify textile car covers as other made up articles under HTSUS 6307.90.98 (7 percent duty) rather than as motor vehicle parts and accessories under HTSUS 8708.99.50 (3.1 percent duty). CBP explains that the covers are not parts because they are not essential, constituent, or integral to the vehicle, nor are they accessories because they do not directly affect the car’s operation or contribute to the car’s effectiveness. Rulings NY 864763, NY 866826, and HQ 088040 would be revoked to reflect this change.

Solar Kits

CBP is proposing to reclassify solar kits used to charge vehicle batteries as electric generators under HTSUS 8501.31.80 rather than as photosensitive semiconductor devices under HTSUS 8541.40.60. CBP states that the essential character of the kits is determined by the classification of the solar panel components, which include apparatus that allow them to supply power to a vehicle’s battery. Proposed ruling HQ H298151 would be revoked to reflect this change.

For more information on how to seek or utilize classification or other rulings, please contact customs attorney Deb Stern at (305) 894-1007.

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