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Classification Rulings Proposed for Revocation or Modification

Thursday, July 12, 2018
Sandler, Travis & Rosenberg Trade Report

The following proposed revocations and modifications of U.S. Customs and Border Protection classification rulings are included in the July 5, 2018, Customs Bulletin and Decisions. Comments on the proposals are due no later than Aug. 6.

Waterproof Camera Case. CBP is proposing to classify a rigid molded plastic waterproof camera housing as a part of an apparatus of heading 8525 to 8528 under HTSUS 8529.90.86 (duty-free) or as an article of plastic under HTSUS 3926.90.99 (5.3 percent duty) rather than as a camera case or similar container under HTSUS 4202.99.90 (20 percent duty). Rulings NY N240464, NY L83830, NY I84647 would be revoked, and ruling NY N222075 would be modified, to reflect this change.

Nutcrackers. CBP is proposing to modify rulings NY I82063 and NY I82064 to clarify that decorative wooden nutcrackers are classified as wood statuettes or other ornaments under HTSUS 4420.10.00 (3.2 percent duty) rather than as wooden Christmas ornaments under HTSUS 9505.10.15 (duty-free). CBP is also proposing to correct its conclusion that “non-human” nutcrackers cannot be considered festive articles for tariff classification purposes.

Mine Personnel Carrier. In ruling NY N106796 CBP classified a mine personnel carrier as a motor vehicle principally designed for the transport of persons under HTSUS 8703.33.0045 (2.5 percent duty). CBP is proposing to modify this ruling to (a) adjust the subheading to HTSUS 8703.33.01 (2.5 percent duty) to reflect the corresponding subheading in the revision 4 edition of the 2018 HTSUS and (b) reflect that sufficient evidence was not submitted to support the assertion that ten people could be seated in the vehicle, which is therefore not described by heading 8702.

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