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Classification Changes Finalized on Yogurt Dips, Play Food, Cheeses, Soapstone Cubes

Tuesday, April 09, 2019
Sandler, Travis & Rosenberg Trade Report

The following final revocations or modifications of U.S. Customs and Border Protection classification rulings are included in the April 3, 2019, Customs Bulletin and Decisions. These changes will be effective with respect to goods entered or withdrawn from warehouse for consumption on or after June 3.

Greek Yogurt Dips. CBP is reclassifying Greek yogurt dips as sauces under HTSUS 2103.90.90 (6.4 percent duty) rather than as cheese and curd under HTSUS 0406.10.8400 (10 percent duty). CBP explains that these products are not produced as cheese is and therefore cannot be classified as such. They are also within the class or kind of goods used as a sauce. Ruling HQ H285620 will revoke ruling NY N283364 to reflect this change.

Soapstone Cubes. CBP is reclassifying soapstone cubes meant to be frozen and used instead of ice cubes to keep distilled spirits cold as articles of worked monumental or building stone under HTSUS 6802.99.00 (6.5 percent duty) rather than as articles of semiprecious stone under HTSUS 7116.20.4000 (10.5 percent duty) and 7116.20.35 (4.5 percent duty). CBP explains that soapstone is not particularly rare or valuable and is not listed among the gemstones for sale on various websites. In addition, soapstone is a variety of natural steatite, which is specifically provided for as monumental building stone under note 2 to Chapter 68. Ruling HQ H250466 will revoke rulings NY N245635, HQ 958353, NY 811379, NY 811779, NY B86726, NY H80981, NY N063856, NY N156975, and N156155 to reflect this change.

Play Food. CBP is classifying plastic play food separately from the plastic backpack in which it is packaged and classifying the backpack as such under HTSUS 4202.92.45 (20 percent duty). Previously the items were classified together as toys under HTSUS 9503.00.00. CBP explains that (a) these items are not packaged together to meet a particular need or carry out a specific activity and therefore do not constitute a GRI 3(b) set, (b) the backpack is not specially shaped or fitted to contain the play food and is therefore not similar to containers listed in GRI 5(a), and (c) the backpack is suitable for repetitive use and is therefore not packaging eligible to be classified with its contents under GRI 5(b). Ruling HQ H300680 will modify ruling PC K88915 to reflect this change.

Sheep’s Milk Cheeses. CBP has withdrawn a proposal to reclassify certain sheep’s milk cheeses as other types of sheep’s milk cheese under HTSUS 0406.90.59 (9.6 percent duty) rather than as pecorino cheese of sheep’s milk under HTSUS 0406.90.57 (duty-free). As a result, the following rulings will remain in effect: NY C82288, NY D81251, NY D83014, NY I82452, NY I83887, NY J88309, NY M81478, NY N089415, NY N089417, NY N104824, NY N236149, NY 815281, NY G85117, NY J81192, NY N094196, and NY N099535.

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

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