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CBP Ruling Changes: Handbags, Wire, Plastic Containers, Cheese, Phone Accessories, Yogurt Dips

Monday, October 15, 2018
Sandler, Travis & Rosenberg Trade Report

The following proposed revocations and modifications of U.S. Customs and Border Protection classification rulings are included in the Sept. 26, 2018, Customs Bulletin and Decisions. Comments are due no later than Oct. 26.

Raffia Handbags. CBP is proposing to reclassify raffia handbags as handbags of palm leaf under HTSUS 4602.19.2500 (18 percent duty) rather than as handbags not of willow or palm leaf under HTSUS 4602.19.2920 (5.3 percent duty). CBP explains that raffia is a type of palm leaf. Rulings NY N261630 and NY N261223 would be revoked to reflect this change.

Diamond Wire. CBP is proposing to reclassify diamond wire used in saws to cut through stone  as items for cutting of agglomerated natural or artificial abrasives under HTSUS 6804.21.0080 (duty-free) rather than as saw blades under HTSUS 8202.99.00 (duty-free). CBP explains that the wire is not sharp and has no cutting teeth and therefore does not meet the common or commercial meaning of the term “blade.” Ruling NY 876359 would be revoked to reflect this change.

Fillable Plastic Containers. CBP is proposing to reclassify refillable plastic containers that open by snapping in half at the middle as other plastic articles under HTSUS 3926.40.00 (5.3 percent duty) rather than as plastic household articles under HTSUS 3924.90.55/56 (3.4 percent duty) or 3924.10.40 (3.4 percent duty) or as festive articles under HTSUS 9505.90.60 (duty-free). CBP explains that the items (a) are not festive articles because they are not closely associated with, or used or displayed principally during, a festive occasion, and (b) are designed to facilitate the transportation and storage of small items and are therefore not strictly or primarily used in the household. Rulings NY N018731, NY N013622, NY N012286, NY N021076, NY H86212, NY N025433, NY D81320, NY C83630 and HQ 961700 would be revoked, and ruling NY N007698 would be modified, to reflect this change.

Sheep’s Milk Cheeses. CBP is proposing to reclassify certain sheep’s milk cheeses as other types of sheep’s milk cheese under HTSUS 0406.90.59 (9.6 percent duty) rather than as pecorino cheese of sheep’s milk under HTSUS 0406.90.57 (duty-free). CBP explains that the cheeses at issue include brined cheese, feta cheese, manchego cheese, and others and do not meet the description of pecorino. Rulings NY C82288, NY D81251, NY D83014, NY I82452, NY I83887, NY J88309, NY M81478, NY N089415, NY N089417, NY N104824, and NY N236149 would be revoked, and rulings NY 815281, NY G85117, NY J81192, NY N094196, and NY N099535 would be modified, to reflect this change.

Smartphone Accessories. CBP is proposing to reclassify a smartphone accessory consisting of a keyboard, LCD, and trackpad as an article designed for connection to telephonic apparatus under HTSUS 8543.70.60 (duty-free) rather than as other electrical machines under HTSUS 8543.70.9960 (2.6 percent duty). CBP explains that this item performs the individual function of enabling a smartphone to emulate the capabilities of a laptop or tablet computer and is not classifiable under any other heading in Chapter 85 or elsewhere. Ruling NY N282589 would be revoked to reflect this change.

Greek Yogurt Dips. CBP is proposing to reclassify Greek yogurt dips as sauces under HTSUS 2103.90.90 (6.4 percent duty) rather than as cheese and curd under HTSUS 0406.10.8400 (10 percent duty). CBP explains that these products are not produced as cheese is and therefore cannot be classified as such. They are also within the class or kind of goods used as a sauce. Ruling NY N283364 would be revoked to reflect this change.

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