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CBP Ruling Revocations and Modifications: Gift Bags, Glass Balls, Gold, Sweetener

Tuesday, November 10, 2015
Sandler, Travis & Rosenberg Trade Report

The following proposed or final revocations and modifications of U.S. Customs and Border Protection classification rulings are included in the Nov. 4, 2015, Customs Bulletin and Decisions. Comments on the proposed revocations and modifications are due no later than Dec. 11 and the final revocations and modifications will be effective for goods entered or withdrawn from warehouse for consumption on or after Jan. 11, 2016.

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Snowman Gift Bag. CBP is proposing to classify a novelty gift bag consisting of a paper bag sandwiched between two die-cut paperboard pieces shaped as identical snowmen heads and faces, with hats, as a sack or bag made from paper and paper products under HTSUS 4819.40.00 (duty-free) rather than as a folding carton or box made from paper or paper products under HTSUS 4819.20.0040 (duty-free). CBP notes that although the gift bag contains two paperboard pieces it is the paper bag that provides the gift bag its shape and form. Ruling HQ H058795 would revoke ruling NY N050455 to reflect this change.

Worked Glass Balls. CBP is proposing to classify worked glass balls used in medical infusion pumps as other articles of glass under HTSUS 7020.00.60 (5 percent duty) rather than as other laboratory glassware under HTSUS 7017.90.5000 (6.7 percent duty). CBP states that laboratory glassware is used for furthering scientific processes within a laboratory setting, while the instant merchandise is instead used within a medical device that is designed for the intravenous administration of drugs to patients. Ruling HQ H006326 would revoke ruling NY M87022 to reflect this change.

Luo Han Guo Powder and Liquid Products. CBP is proposing to classify certain luo han guo powder and liquid, which are used as food sweeteners, as other glycosides under HTSUS 2938.90.0000 (3.7 percent duty) rather than as other chemical products and preparations not elsewhere specified or included under HTSUS 3824.90.91 or 3824.90.92 (5 percent duty). CBP is also proposing to reclassify certain other luo han guo liquid as other chemical products and preparations not elsewhere specified or included under HTSUS 3924.90.9290 (5 percent duty) rather than as other vegetable saps and extracts under HTSUS 1302.19.9140 (duty-free). Ruling HQ H249896 would revoke rulings HQ W967214, NY N046672 and NY K84522 and modify ruling HQ H106785 to reflect this change.

Gold Flakes and Nuggets. CBP has reclassified unwrought gold flakes and nuggets obtained from river beds as gold bullion under HTSUS 7108.12.10 (duty-free) rather than as other unwrought forms of non-monetary gold under HTSUS 7108.12.5050 (4.1 percent duty). CBP explains the common meaning of the term “bullion” is uncoined gold or silver in the mass considered as so much metal without regard to any value imparted to it by its form and that the flakes and nuggets at issue meet this definition. Ruling HQ H244570 has modified ruling NY N024842 to reflect this change.

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