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Classification Changes Proposed for Foods, Shelves, Phone Accessories, Notebooks, Bags

Friday, June 12, 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 10, 2020, Customs Bulletin and Decisions. Comments on these proposed changes are due by July 10.

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

Canned Cod Liver

CBP is proposing to reclassify canned cod liver (in own oil) as other prepared or preserved fish parts under HTSUS 1604.20.6090 (duty-free) rather than as other fish, whole or in pieces, under HTSUS 1604.19.3200 (4 percent duty). CBP explains that this item is not a whole fish or a piece of fish meat but a fish organ and therefore cannot be classified under HTSUS 1604.19. Ruling NY N290443 would be revoked to reflect this change.

Hanging Shelves

CBP is proposing to reclassify textile hanging shelves as other made-up textile articles under HTSUS 6307.90.9889 (7 percent duty) rather than as other furniture under HTSUS 9403.89.60 (duty-free). CBP explains that these shelves are not furniture because they lack additional components such as iron pipes or hanging bars with metal hooks that would allow them to be mounted or hung on a wall. Rulings NY N293709, NY N295394, and NY N298740 would be revoked to reflect this change.

Mobile Phone Accessory

CBP is proposing to reclassify a mobile telephone accessory with integrated image display screen under HTSUS 8543.70.60 (duty-free) rather than under HTSUS 8543.70.99 (2.6 percent duty). CBP explains that this item is an electrical apparatus designed for connection to telephonic apparatus (i.e., a smartphone) and is thus specifically provided for under the proposed subheading pursuant to GRI 6. Ruling HQ H275685 would be revoked to reflect this change.

Notebooks with Gel Pens

CBP is proposing to reclassify notebooks with embedded LEGO bricks and attached gel pens as bound notebooks under HTSUS 4820.10.2060 (duty-free) rather than as “other” under HTSUS 4820.10.4000 (duty-free). CBP explains this change simply by stating that this item is a bound notebook. Ruling NY N306048 would be revoked to reflect this change.

Novelty Backpacks

CBP is proposing to modify rulings HQ 081729 and HQ 958308 to explain that the subject novelty backpacks are properly classified in accordance with GRI 1 instead of GRI 3(b). The classification of the backpacks under HTSUS 4202.92.31 (17.6 percent duty) remains unchanged. CBP explains that these items (1) are classified in heading 4202 because they store, protect, organize, and carry in the manner of a backpack and (2) cannot be classified in chapter 95 because sports bags and other containers of chapter 42 are excluded. Because the items therefore do not fall under two or more headings they are classifiable pursuant to GRI 1.

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