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Classification Ruling Changes on Food Additives, Hair Accessories, Bike Parts

Friday, April 20, 2018
Sandler, Travis & Rosenberg Trade Report

The following proposed and final revocations and modifications of U.S. Customs and Border Protection classification rulings are included in the April 18, 2018, Customs Bulletin and Decisions. Comments on the proposals are due no later than May 18, and the final actions will be effective with respect to goods entered or withdrawn from warehouse for consumption on or after June 18.

Food Additives. CBP is proposing to classify natamycin 50 percent with lactose and natamycin 50 percent with sodium chloride as fungicides under HTSUS 3808.92.50 (five percent duty) rather than as medicaments for prophylactic uses under HTSUS 3003.20.00 (duty-free). CBP explains that these substances are not used for the treatment or prevention of a disease or ailment but rather are used as antimycotic agents in the food industry. Further, CBP states that it has consistently classified antifungal mixtures similar to these in heading 3808. Ruling NY I82455 would be modified to reflect this change.

Hair Accessory. CBP is proposing to classify the EZ Comb, a plastic hair accessory used by women and girls to style their hair, as a hair comb under HTSUS 9615.11.10 or 9615.11.30 (14.4¢/gross + two percent duty if valued not over $4.50 per gross or 28.8¢/gross + 4.6 percent duty if valued over $4.50 per gross) rather than as a hair slide under HTSUS 9615.11.5000 (duty-free). CBP explains that because this item is anchored by two combs with teeth to secure hair in place and does not contain any bars, hinges, or clips it does not meet the dictionary definitions of hair slide. Ruling NY N048195 would be revoked to reflect this change.

Bike Parts. CBP is reclassifying free-wheel bicycle cogs and cassettes as free-wheel sprocket-wheels under HTSUS 8714.93.70 (duty-free) rather than as other bicycle parts and accessories under HTSUS 8714.99.80 (10 percent duty). CBP explains that its previous classification was unnecessarily restrictive and did not adequately take into account that the more technologically advanced or improved articles at issue share the essential characteristics of the older free-wheel cogs and cassettes that have been within the scope of HTSUS 8714.93.70. Ruling HQ H288022 will modify ruling HQ H174522 and revoke rulings HQ H161003 and NY N116976 to reflect this change.

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