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Classification and Origin Changes Proposed for Food Mills, Lubricant, Comforters

Tuesday, June 23, 2020
Sandler, Travis & Rosenberg Trade Report

The following proposed revocations and modifications of U.S. Customs and Border Protection rulings are included in the June 17, 2020, Customs Bulletin and Decisions. Comments on these proposed changes are due by July 17.

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

Salt and Pepper Grinders

CBP is proposing to reclassify battery-operated salt and pepper grinders as food grinders, processors, and mixers under HTSUS 8509.40.00 (4.2 percent duty) rather than as hand-operated mechanical appliances under HTSUS 8210.00.00 (3.7 percent duty). CBP explains that Explanatory Note 82.10 clarifies that the legal text of that heading covers only non-electric mechanical appliances. Rulings NY N254846 and NY N254844 would be revoked to reflect this change.

Lubricant

CBP is proposing to reclassify a mineral oil-based lubricant containing zinc and silica additives as greases containing not over ten percent by weight of salts or fatty acids of animal or vegetable origin under HTSUS 2710.19.3500 (5.8 percent duty) rather than as other lubricating grease under HTSUS 2710.19.4000 (1.3 cents/kg + 5.7 percent duty). CBP explains that the silica is entirely based on mineral oil and as such does not contain any salts or fatty acids of animal or plant origin. Ruling NY 237898 would be modified to reflect this change.

Reversible Comforters

CBP is proposing to revoke ruling NY N306605, in which it determined that the country of origin of reversible comforters is India. In that ruling CBP applied 19 CFR 102.21(e)(2)(i), which states that the county of origin is where the fabric comprising the good was both dyed and printed. However, CBP now finds that this provision is not applicable because the fabric comprising one side of the subject comforters is dyed while the fabric comprising the reverse side is printed, making the dyeing and printing mutually exclusive processes. CBP has instead determined under 19 CFR 102.21(c)(2) and (e)(2)(ii) that the country of origin is China, where the fabric comprising the comforters was formed by a fabric-making process.

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