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Classification Ruling Revocations and Modifications Proposed

Thursday, June 15, 2017
Sandler, Travis & Rosenberg Trade Report

The following proposed revocations and modifications of U.S. Customs and Border Protection classification rulings are included in the June 7, 2017, Customs Bulletin and Decisions. Comments on these proposals are due no later than July 7.

 

Earthmover Tires. CBP is proposing to reclassify earthmover tires as other rubber tires under HTSUS 4011.90.20 (4 percent duty) or rubber tires of a kind used on construction, mining, or industrial handling vehicles under HTSUS 4011.80.20 (4 percent duty) rather than as rubber tires of a kind used on buses or trucks under HTSUS 4011.20.1025 (4 percent duty). CBP explains that these tires are used primarily in off-road conditions in mines and quarries. Rulings NY I86839, NY I85323, and NY I80181 would be modified to reflect this change.

Nursing/Breast Pads. CBP is proposing to reclassify nursing/breast pads made of viscose derived from bamboo as articles similar to sanitary towels (pads) under HTSUS 9619.00.64 (14.9 percent duty) or 9619.00.74 (16 percent duty) rather than as other made up articles under HTSUS 6307.90.9889 (7 percent duty). CBP explains that, like the named sanitary pads, the pads at issue have an inner layer designed to wick fluid from the wearer’s skin to prevent chafing, an absorbent core for collecting and storing fluid until the product can be disposed of, and an outer layer to prevent leakage of fluid from the core. Rulings NY N264127, NY N245827, and NY N213901 would be revoked to reflect this change.

Nut Setters. CBP is proposing to reclassify nut setters designed to be fitted for and used with hand tools or power-driven hand tools as socket wrenches under HTSUS 8204.20.00 (9 percent duty) rather than as interchangeable tools for hand tools under HTSUS 8207.90.6000 (4.3 percent duty). CBP explains that the items can be classified under both headings and that heading 8204 provides a more narrow and specific description. Ruling NY E84374 would be modified to reflect this change.

Foot Sleeves. CBP is proposing to reclassify foot sleeves designed to provide cushioning as other made up articles under HTSUS 6307.90.98 (7 percent duty) rather than as socks and other hosiery under HTSUS 6115.96.9020 (14.6 percent duty). CBP explains that these items do not sufficiently cover the foot or toes to be considered socks. Ruling NY N222103 would be revoked, and rulings NY K86082 and NY L85061 would be modified, to reflect this change.

Glass Plant Watering Bulbs. CBP is proposing to reclassify glass plant watering bulbs as glassware of a kind used for indoor decoration or similar purposes under HTSUS 7013.99 rather than as other articles of glass under HTSUS 7020.00.60 (5 percent duty). CBP explains that the function of these items is similar to that of decorative glass vases or pitchers. CBP is also proposing to exclude these items from classification as equipment for horticultural purposes under HTSUS 9817.00.50 (duty-free). Ruling NY N020311 would be revoked to reflect this change.

Fiberboard Panels. CBP has withdrawn its proposal to revoke rulings NY N235680 and N238576 to reclassify non-structural laminated fiberboard ceiling, wall, and flooring panels as builders’ joinery and carpentry of wood under HTSUS 4418.90.46 (3.2 percent duty) rather than as fiberboard of wood under HTSUS 4411.92.4000 (6 percent duty) or HTSUS 4411.13.2000 or HTSUS 4411.14.2000 (1.9 cents/kg + 1.5 percent duty). After further review, CBP has determined that the existing classification is correct.

Fertilizer. CBP is proposing to reclassify Chelal Fe, an aqueous solution used as a fertilizer, as oxygen-function amino compounds under HTSUS 2922.49.80 (3.7 percent duty) rather than as other organic compounds under HTSUS 2942.00.5000 (3.7 percent). Rulings NY A88070 and NY A87653 would be revoked, and ruling NY H86531 would be modified, to reflect this change.

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