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CBP Classification Rulings on Lanterns, USB Flash Drives, 3D TV Kits

Thursday, December 19, 2013
Sandler, Travis & Rosenberg Trade Report

In the Dec. 18, 2013, Customs Bulletin and Decisions, U.S. Customs and Border Protection proposed to revoke classification rulings on the following products. Comments are due by Jan. 17, 2014.

Product: Lanterns having the form of a glass box with a metal frame and designed to hold appropriately sized candles.
Proposed action: Revocation of NY N084615.
Current classification: HTSUS 7013.99.9000, other glassware for indoor decoration or similar purposes (7.2% duty).
Proposed classification: HTSUS 9405.50.40, other non-electrical lamps and lighting fittings (6% duty).
Explanation: While there may be some doubt as to whether the faint, circular depressions in the lanterns are deep enough to effectively stabilize a candle while the lanterns are being carried by hand and moving about, there is no doubt that while stationary at least the lanterns can act as lamps by providing an isolated source of artificial light or producing light or heat.

Product: USB flash drives containing a flash memory and a controller in a capsulated portable case, an adapter that connects to a computer through a USB port, and a printed circuit board.
Proposed action: Revocation of NY N011540.
Current classification: HTSUS 8471.70.9000, other storage units of automatic data processing machines (duty-free).
Proposed classification: HTSUS 8523.51.00, solid state non-volatile storage devices (duty-free).

Also in the Dec. 18, 2013, Customs Bulletin and Decisions, CBP revoked a classification ruling on the following product, effective Feb. 17, 2014.

Product: 3D starter pack kit for a 3D or 3D-ready DLP television.
Action: Revocation of NY N123038.
New ruling: HQ H234514.
New classification: HTSUS 9004.90.00, other spectacles, goggles and the like (2.5% duty).
Explanation: Unable to determine whether the essential character of this kit is provided by the 3D signal adapter or the 3D shutter glasses, CBP selected the subheading occurring last in numerical order.

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