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Classification Rulings Proposed for Revocation or Modification

Thursday, July 19, 2018
Sandler, Travis & Rosenberg Trade Report

The following proposed revocations or modifications of classification rulings are included in the July 11, 2018, Customs Bulletin and Decisions. Comments on the proposed changes are due no later than Aug. 11.

Pizza Stones. U.S. Customs and Border Protection is proposing to classify cordierite pizza stones as articles partly of semiprecious stone under HTSUS 7116.20.4000 (10.5 percent duty) rather than as ceramic kitchenware under HTSUS 6912.00.4810 (9.8 percent duty). CBP explains that although cordierite has some ceramic properties it is designated a semiprecious stone of chapter 71. General Note 2(c) to Chapter 69 excludes goods of chapter 71 from classification in chapter 69, and General Note 1(a) to Chapter 71 provides in pertinent part that all articles wholly or partly of semiprecious stones are classified in chapter 71 unless excluded. Rulings NY N134696 and NY N021167 would be revoked to reflect this change.

Floor Sinks. CBP is proposing to classify floor sinks as sanitary ware of iron under HTSUS 7324.90.00 (duty-free) rather than other articles of iron under HTSUS 7326.90.8588 (2.9 percent duty). CBP explains that these items satisfy the description of sanitary ware insofar as they are designed to assist in the disposal of waste water from areas like bathrooms, food preparation and storage areas, and medical facilities. Rulings NY N259783 and NY N244050 would be revoked to reflect this change.

Decorative Glassware. CBP is proposing to classify a glass candle jar with lid as other glassware of a kind used for indoor decoration under HTSUS 7013.99.50 (30 percent duty) rather than as non-electric lamps and light fittings under HTSUS 9405.50.40 (6 percent duty). CBP explains that this item does not possess the requisite features to securely hold a candle in place and is therefore not classifiable as a lamp or lighting fitting. Rulings NY N036984 and N110556 would be revoked to reflect this change.

Radiator/Charge Air Cooler Assembly. CBP is proposing to classify a radiator/charge air cooler assembly as a vehicle radiator under HTSUS 8708.91.50 (2.5 percent duty) rather than as an auto part under HTSUS 8708.99.8080 (2.5 percent duty). CBP explains that a radiator is generally defined as a device through which hot air or liquid passes so it may be cooled and that this item clearly meets that definition. Ruling NY R04029 would be revoked to reflect this change.

Butadiene Rubber. CBP is proposing to classify Poly BD R-20LM butadiene rubber as a polymer of propylene or other olefins under HTSUS 3902.90.0050 (6.5 percent duty) rather than as synthetic rubber under HTSUS 4002.20.00 (duty-free). CBP explains that this item does not meet the “stretch and return” test for items to be classified as synthetic rubber under heading 4002. Ruling NY N034669 would be revoked to reflect this change.

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