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CBP Proposes Ruling Revocations and Modifications on Classification, Preference Eligibility

Wednesday, November 29, 2017
Sandler, Travis & Rosenberg Trade Report

The following proposed revocations and modifications of U.S. Customs and Border Protection rulings are included in the Nov. 29, 2017, Customs Bulletin and Decisions. Comments are due no later than Dec. 27.

Automotive Bumpers. CBP is proposing to revoke ruling NY 284970 to hold that the painting in Canada of automotive bumpers that are otherwise assembled in the U.S. does not constitute an alteration under HTSUS 9802.00.50, which provides a full or partial duty exemption for articles returned to the U.S. after having been exported for repairs or alterations. CBP explains that because the painting prevents the bumpers from rusting this procedure is not the processing of a finished good but rather an intermediate processing operation.

Glass Sleeves. CBP is proposing to classify glass sleeves used as housings for diodes as unworked glass tubes under HTSUS 7002.39.00 rather than as cathode-ray tubes under HTSUS 7011.90.00. CBP explains that these items do not fall into any of the three categories of articles covered by heading 7011 and that merely having been drawn and cut to a precise size and length does not constitute “working” for purposes of heading 7002. Ruling HQ H253027 would be revoked to reflect this change.

Money Belts. CBP is proposing to reclassify two textile money belts as travel, sports, and similar bags under HTSUS 4202.92.15 (6.3 percent duty) and 4202.92.31 (17.6 percent duty) rather than as articles of a kind normally carried in the pocket or handbag under HTSUS 4202.32.9550 (20 percent duty) or 4202.32.4000 (7.2 percent duty). CBP explains that these items are not designed to be carried inside any other bag or container but instead are designed to fasten around the waist precisely so they can be transported by themselves. Ruling NY 868779 would be revoked, and ruling NY 871870 would be modified, to reflect this change.

Decorative Rocks. CBP is proposing to reclassify decorative quartz rocks packed in a plastic net sack as other articles of stone under HTSUS 6815.99.4070 (duty-free) rather than as semi-precious stones temporarily strung together for convenience of transport under HTSUS 7103.99.5000 (10.5 percent duty). CBP explains that these rocks are not used in either jewelry or in clocks or industrial tools and in fact are not of a quality for use in such applications. Ruling NY M86055 would be revoked to reflect this change.

Shoe Charms. CBP is proposing to reclassify molded plastic charms that can be inserted into the holes of a shoe as decorations as imitation jewelry under HTSUS 7117.90.7500 (duty-free) rather than as other articles of plastics under HTSUS 3926.40.0000 (5.3 percent duty). CBP explains that these charms adorn shoes; do not contain any metal, pearls, or stone; and are of the same kind as the articles of jewelry listed in Note 9(a) to Chapter 71. Ruling NY N009740 would be modified to reflect this change.

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