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CBP Revokes, Modifies Classification Rulings

Thursday, November 09, 2017
Sandler, Travis & Rosenberg Trade Report

The following final revocations and modifications of U.S. Customs and Border Protection rulings are included in the Nov. 1, 2017, Customs Bulletin and Decisions and will be effective with respect to goods entered or withdrawn from warehouse for consumption on or after Jan. 1, 2018.

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Folders with Memo Pads. CBP is reclassifying a document holder or multi-function holder with a memorandum pad as memo pads and similar articles under HTSUS 4820.10.2020 (duty-free) rather than as other note books under HTSUS 4820.10.2040 (duty-free). CBP explains that this item’s primary use (providing a convenient and organized method by which to take notes in various locations and circumstances) is centered on the memo pad and that the item’s sheeting, pouches, and folder merely serve to enhance that use. Ruling HQ H252610 is revoking ruling NY N106619 to reflect this change.

Gel Pack Vest Set. CBP is classifying a gel pack vest set used to relieve back pain as a set (under HTSUS 6110.30.30, 32 percent duty) pursuant to GRIs 1 and 3(b) rather than classifying each component in the set separately. CBP explains that the components are put up together for a common purpose and are suitable for sale directly to users upon importation without repacking. CBP adds that the vest provides the essential character of the set because without its shape, structure, compression, breathability, and other characteristics the set would not be suited for its intended purpose. Ruling HQ H283055 is revoking ruling NY N259445 to reflect this change.

Fiber Optic Ribbon. CBP is reclassifying multi-mode optical fiber ribbon cable as optical fiber bundles and cables under HTSUS 9001.10.00 (6.7 percent duty) rather than as optical fiber cables under HTSUS 8544.70.00 (duty-free). CBP explains that this product falls squarely within the meaning of “bundle” provided by the fiber optic industry because it contains individual fibers bound together within a single plastic jacket. In addition, the product is not fiber optic cable because it lacks strength members and a protective outer jacketing. Ruling HQ H098958 is revoking ruling HQ 962445 to reflect this change.

Coconut Water. CBP is reclassifying 100 percent young coconut water, and coconut water concentrate derived from coconut, as juices under HTSUS 2009.89.60 (0.5 cents/liter duty) or HTSUS 2009.90.40 (7.4 cents/liter duty) rather than as flavored waters under HTSUS 2202. CBP states that while it has historically classified coconut water as waters, a coconut is the fruit of a coconut tree and coconut water is therefore a fruit juice. Ruling H284220 is revoking rulings NY N171621, NY 816865, and NY N128316 and modifying rulings NY N258785 and NY N188787 to reflect this change.

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