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CBP Ruling Revocations and Modifications on Classification, NAFTA, Marking

Friday, April 14, 2017
Sandler, Travis & Rosenberg Trade Report

The following proposed and final revocations and modifications of U.S. Customs and Border Protection rulings are included in the April 12, 2017, Customs Bulletin and Decisions. Comments on the proposed revocations and modifications are due no later than May 12 and the final revocations and modifications will be effective for goods entered or withdrawn from warehouse for consumption on or after June 12.

Lanyard of Glass Beads. CBP is proposing to reclassify a lanyard of glass beads as an article of glass beads under HTSUS 7018.90.50 (6.6 percent duty) rather than as glass beads under HTSUS 7018.10.5000 (1.9 percent duty). CBP explains that this article does not consist of loose glass beads but rather is a finished lanyard comprised of glass beads. Ruling NY N034500 would be modified to reflect this change.

Wafer Catalysts. CBP is proposing to reclassify wafer catalysts, which consist of a fiber alloy of precious metals sintered onto a gauze wafer, as other articles of precious metal under HTSUS 7115.90.60 (4 percent duty) rather than as catalytic preparations under HTSUS 3815.12.0000 (duty-free). Ruling NY N244307 would be revoked to reflect this change.

Football Girdles and Pants. CBP is proposing to reclassify football girdles and pants as other knit manmade fiber garments under HTSUS 6114.30.30 (14.9 percent duty) rather than as football equipment under HTSUS 9506.99.2000 (duty-free). CBP explains that while the material and location of the padding in these items may lend them to a particular use it does not cause them to be something other than apparel. Rulings NY N007196 and N052472 would be revoked, and ruling NY M80510 would be modified, to reflect this change.

NAFTA Eligibility. CBP is proposing to reverse previous determinations on whether certain flavored and unflavored sugar syrups qualify for preferential tariff treatment under NAFTA. Rulings NY N271090 and NY N271047 would be modified to reflect this change.  

Sleep Sacks. CBP is proposing to reclassify 100 percent woven cotton sleep sacks as other made up articles under HTSUS 6307.90.98 (7 percent duty rate) rather than as bed linen under HTSUS 6302 (duty rates from 6 percent to 90 percent). CBP explains that these articles are not bed linens because they are designed primarily for use during travel and to protect the consumer from the undersheets and mattress instead of the other way around. Rulings NY N012720, NY H81550, NY F84497, NY C89291, NY 817811, HQ 950620, HQ 089134, HQ 089137, and HQ 088149 would be revoked to reflect this change.

Polyester Flower Leis. CBP is proposing to reclassify polyester flower leis as articles made of artificial flowers under HTSUS 6702.90.3500 (9 percent duty) rather than as imitation jewelry under HTSUS 7117.90.9000 (11 percent duty). CBP explains that these items are made of textile materials and assembled by connecting the flowers with a string and spacing them using clear plastic tubes. Rulings NY N048019, NY N245539, and NY N247373 would be revoked to reflect this change.

Plastic Cartridge for Ear Piercing Gun. CBP is proposing to modify ruling NY N261965 to hold that a plastic cartridge containing a piercing earring and clutch, to be used with an ear piercing instrument, is not a composite good but a GRI 3(b) set.

Plastic Water Dispensers. CBP is reclassifying small plastic water dispensers as tableware under HTSUS 3924.10.40 (3.5 percent duty) rather than as other articles of plastics under HTSUS 3926.90.99 (5.3 percent duty). CBP explains that these items are designed for placement on a tabletop and dispensation of stored water once set and therefore qualify as tableware within the meaning of HTSUS heading 3924. Rulings HQ H044957, HQ H044959, and HQ H058924 are being revoked to reflect this change.

Roasted Vegetables. In ruling NY N260916 CBP held that a roasted vegetable product made by mixing imported individually quick frozen vegetables from Mexico and other foreign countries with olive oil and seasoning in the U.S. were products of the U.S. under the NAFTA marking rules and thus exempt from country of origin marking. CBP is modifying that ruling to reflect its determination that the country of origin marking should be applied separately for the vegetables from NAFTA and non-NAFTA countries and that the non-NAFTA vegetables are not substantially transformed by further processing in the U.S. The final product will therefore have to be marked to indicate all of the countries of origin contained therein.

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