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Classification Changes for Drink Mixes, Pump Dispensers

Monday, February 10, 2020
Sandler, Travis & Rosenberg Trade Report

The following proposed and final revocations of U.S. Customs and Border Protection rulings are included in the Feb. 5, 2020, Customs Bulletin and Decisions. Comments on the proposed changes are due by March 6 and the final changes will be effective with respect to goods entered or withdrawn from warehouse for consumption on or after April 6.

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

Drink Mixes

CBP is proposing to reclassify various types of drink mixes as other food preparations under HTSUS 2106 because it no longer believes that they have the character of flavored or colored sugars under HTSUS 1701 and 1702. New duty rates would range from 6.4 percent to 28.8 cents/kg + 8.5 percent.

The mixes are imported in the form of a powder and come in various flavors. The majority contain 80 percent sugar or more, while the rest contain between 60 and 80 percent sugar. However, CBP states that these mixes also contain other ingredients (e.g., citric acid, turmeric, cinnamon, corn starch, calcium phosphate, silicon dioxide, vitamin C, emulsifiers, preservatives, neutralizing agents, and stabilizers) that make them more than mere sweeteners.

CBP is proposing to revoke 29 rulings and modify 22 others, dating back as far as 1989, to reflect this change.

Pump Dispensers

CBP is reclassifying pump dispensers as other mechanical appliances for dispersing liquids under HTSUS 8424.89.90 (1.8 percent duty) rather than as spray guns under HTSUS 8424.20.10 (2.9 percent duty). CBP explains that these items are similar to hand-operated pump dispensers it has previously classified in HTSUS 8424.89.90 and are not spray guns because they do not resemble a gun and are not used to spray liquids under pressure. Ruling H305296 will revoke rulings NY N249630, NY N299353, and NY N298787 to reflect this change.

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