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Revocation, Modification of CBP Classification Rulings

Tuesday, August 22, 2017
Sandler, Travis & Rosenberg Trade Report

The following final revocations and modifications of U.S. Customs and Border Protection classification rulings are included in the Aug. 16, 2017, Customs Bulletin and Decisions and will be effective for goods entered or withdrawn from warehouse for consumption on or after Oct. 16.

Nursing/Breast Pads. CBP is reclassifying 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.

To reflect this change, new ruling HQ H283476 is (a) revoking rulings NY N245827 and NY N213901, (b) modifying ruling HQ 965035, and (c) revoking by operation of law rulings NY J84296, HQ 965723, HQ 965746, HQ 965719, HQ 963488, NY D82853, NY C81609, and HQ 953391. In addition, new ruling HQ H283468 is (a) revoking ruling NY N264127, (b) revoking by operation of law ruling HQ 965711, and (c) modifying by operation of law ruling HQ 088425.

Name Badge Components. CBP is reclassifying certain name badge components separately and not as GRI 3(b) sets, as follows: (a) rectangular rare earth magnets are classified as metal magnets under HTSUS 8505.11.00; and (b) the specifically designed software that enables the consumer to design templates, store information, and print the names to be placed on badges is classified as optical media under HTSUS 8523.49.40. CBP is affirming its previous classification of other components as follows: (1) aluminum name plates are classified as other articles of aluminum under HTSUS 7616.99.50; (2) steel name plates are classified as other articles of steel under 7326.90.85; (3) brass name plates are classified as other articles of copper under HTSUS 7419.99.50; (4) plastic protective lens covers are classified as other articles of plastic under HTSUS 3926.90.98; and (5) safety pins are classified as safety pins under HTSUS 7319.20.20.

CBP explains that the components must be assembled after purchase and are therefore not suitable for sale directly to users without repacking. Ruling HQ 562821 is revoking ruling HQ H217623 and modifying ruling HQ 562821 to reflect this change.

Earthmover Tires. CBP is reclassifying earthmover tires as rubber tires of a kind used on construction, mining, or industrial handling vehicles under HTSUS 4011.80.20 (4 percent duty) or other rubber tires under HTSUS 4011.90.20 (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. Ruling HQ H272344 is modifying rulings NY I86839 and NY I85323, and ruling HQ H72342 is modifying ruling NY I80181, 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 cover the foot or toes sufficiently to be considered socks. Ruling HQ H242873 is revoking ruling NY N222103 and modifying rulings NY K86082 and NY L85061 to reflect this change.

Nut Setters. CBP is reclassifying 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 HQ H280763 is modifying ruling NY E84374 to reflect this change.

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