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CBP Classification Rulings on Hand Pumps, Cold Compresses, Foods, File Organizers, Travel Cups, Docking Stations

Friday, September 06, 2013
Sandler, Travis & Rosenberg Trade Report

In the Sept. 4, 2013, Customs Bulletin and Decisions, U.S. Customs and Border Protection proposed to revoke or modify classification rulings on the following products. Comments are due by Oct. 4.

Product: Pump assemblies incorporated onto bottles and tubes to dispense cosmetic and medicinal preparations.
Proposed action: Modification of HQ 088500 and NY D82549.
Current classification: HTSUS 8424.89, other mechanical appliances for projecting, dispersing or spraying liquids (1.8% duty).
Proposed classification: HTSUS 8413.20.00, hand pumps for liquids (duty-free).
Explanation: The assemblies are designed to raise liquids against the action of gravity and are thus prima facie classifiable as pumps for liquids.

Product: Ammonium nitrate cold compresses.
Proposed action: Revocation of NY L81028 and modification of HQ W968297 and NY M81919.
Current classification: HTSUS 3102.30.0000, ammonium nitrate, whether or not in aqueous solution (duty-free).
Proposed classification: HTSUS 3105.10.00, mineral or chemical fertilizers put up in packages of a gross weight not exceeding 10 kg (duty-free).
Explanation: Ammonium nitrate, even if not used as a fertilizer, is a product of chapter 31, and if in packages of less than 10 kg falls within heading 3105.

Product: Expanding file organizer.
Proposed action: Revocation of NY N073247.
Current classification: HTSUS 4819.60.00, box files (duty-free).
Proposed classification: HTSUS 4202.19.00, attaché cases, briefcases and similar containers (20% duty).
Explanation: This item is designed for organization and storage of documents and has a limited protective quality as well as a handle for carrying and therefore shares the same essential characteristics as the named containers of heading 4202.

Product: Brussels sprouts with butter sauce.
Proposed action: Modification of NY N202500.
Current classification: HTSUS 0710, frozen vegetables.
Proposed classification: HTSUS 2004.90.85, other frozen vegetables prepared or preserved otherwise than by vinegar or acetic acid (11.2% duty).
Explanation: The subject products constitute preparations despite the fact that they are not imported ready for consumption because in their condition as imported they consist of ingredients already mixed together in the proportions necessary for the specified dish.

Product: Sugar confectionery consisting of 31.5% fresh cream, 23.4% cocoa butter, 19.9% sugar, 10.1% skim milk powder, 7.7% whole milk powder, 2.6% powdered green tea, 2.6% lactose, 1.9% brandy, and less than 1% each of emulsifier and flavor.
Proposed action: Modification of NY N232564.
Current classification: HTSUS 1806.90.9019, chocolate (6% duty).
Proposed classification: HTSUS 1704.90.35, other sugar confectionery not containing cocoa (5.6% duty).
Explanation: Cocoa butter is not considered cocoa, so the items contain no cocoa.

Product: Travel cup made of stoneware ceramic resembling a traditional paper coffee cup in design.
Proposed action: Revocation of NY N153980 and NY N172535.
Current classification: HTSUS 6912.00.4810, other ceramic tableware and kitchenware suitable for food or drink contact (9.8% duty).
Proposed classification: HTSUS 6912.00.41, tumblers (3.9% duty).
Explanation: The cup is a tumbler because it has a tapering cylindrical shape.

Product: MP3 player docking stations with speakers.
Proposed action: Revocation of HQ H213705 and NY R01884.
Current classification: HTSUS 8518.22.00, multiple loudspeakers mounted in the same enclosure (4.9% duty), and 8518.40.20, other audio-frequency electric amplifiers (4.9% duty).
Proposed classification: HTSUS 8519.89.30, other sound recording or reproducing apparatus (duty-free).
Explanation: For a device to be a sound-reproducing device it must be able to read the recorded file, either from an internal memory or from a removable solid state non-volatile media such as a USB flash memory apparatus. These docking stations have a USB port that allows the use of such media.

Also in the Sept. 4, 2013, Customs Bulletin and Decisions, CBP revoked or modified classification rulings on the following products, effective Nov. 4.

Product: Chili powder blends used in soup-style chili and other seasoning packets.
Action: Modification of NY N024368.
New ruling: HQ H053755.
New classification: HTSUS 0904.22.76, other crushed or ground pepper (5 cents/kg duty), and 0910.91.00, mixtures of spices (1.9% duty).

Product: Reusable compresses for the application of heat or cold to an injured area of the body.
Action: Modification of NY A87539 and NY 804966 and revocation of NY 892007 and NY 816853.
New ruling: HQ H055380.
New classification: Compresses are classified in the heading in which the chemical solution or gel providing the heat or cold is classified.

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