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Classification, Origin Changes for Spirits, Dumplings, Gloves, Stethoscope Covers, Mattress Covers

Monday, November 04, 2019
Sandler, Travis & Rosenberg Trade Report

The following proposed and final revocations of U.S. Customs and Border Protection rulings are included in the Oct. 30, 2019, Customs Bulletin and Decisions. Comments on the proposed changes are due by Nov. 29 and the final changes will be effective with respect to goods entered or withdrawn from warehouse for consumption on or after Dec. 30.

For more information on how to seek or utilize classification and other rulings, please contact customs attorney Deb Stern at (305) 894-1007.

Alcoholic Spirits

CBP is proposing to reclassify “Pernod Absinthe Superieure” and “Ricard Pastis De Marseille” alcoholic spirits as other spirits under HTSUS 2208.90.7500 (x percent duty) rather than as liqueurs and cordials under HTSUS 2208.70.0030 (duty-free). CBP explains that these items do not meet the requisite sugar content to be classified as a liqueur or cordial. Rulings NY N304274 and NY N304276 would be revoked to reflect this change.

Asian Dumplings

CBP is proposing to reclassify turkey shomai, chicken wontons, shrimp har gow, shrimp pot stickers, shrimp shumai, hau kau, and “party pack” dumplings as stuffed pasta under HTSUS 1902.20.00 (x percent duty) rather than as prepared or preserved meat or crustaceans under HTSUS 1602.31.0020 (6.4 percent duty), prepared meals containing fish meat under HTSUS 1605.20.05 (5 percent duty), or other shrimps and prawns under HTSUS 1605.21.10 (duty-free). CBP explains that these items meet the definition of stuff pasta because they consist of a flour dough jacket stuffed with meat or seafood. Rulings NY 810007 and NY N303010 would be revoked, and rulings HQ 086282, NY M86459, and NY N100268 would be modified, to reflect this change.

Gloves and Mitts

CBP is reclassifying an acrylic pile mitt and knit fabric gloves, both worn to create the appearance of a cartoon character hand, as knit gloves and mitts under HTSUS 6116.93.88 (18.6 percent duty) rather than as festive articles under HTSUS 9505.90.60 (duty-free). CBP explains that HTSUS Chapter 95 note 1(v) specifically states that this chapter does not cover gloves and mitts. Ruling HQ 261881 will revoke ruling NY B871119 and modify ruling NY N006668 to reflect this change.

Plastic Stethoscope Covers

CBP is proposing to reclassify plastic stethoscope covers not treated with an antimicrobial agent as other plastic articles under HTSUS 3926.90.99 (5.3 percent duty) rather than as medical instrument accessories under HTSUS 9018.90.80 (duty-free). CBP explains that the covers are not accessories because they do not directly contribute to the effectiveness of the stethoscopes. Ruling HQ 967233 would be modified to reflect this change.

Stuffed Mattress Covers

In ruling NY N303580 CBP ruled that El Salvador was the country of origin of stuffed mattress covers. The raw materials for these covers originate in the U.S., China, Mexico, and El Salvador and the cutting, sewing, and assembly operations are performed in El Salvador, along with folding, packaging, boxing, marking, and loading into a container for export. CBP stated that the most important assembly or manufacturing process is the cutting, sewing, and assembly of the fabric panels and zippers, which are performed in El Salvador.

However, CBP now states that (a) the country of origin of some styles of the mattress covers is the U.S. or China pursuant to 19 CFR 102.21(e)(2)(ii), which provides that the country of origin is where the fabric comprising the good was formed by a fabric-making process, and (b) the country of origin of several other styles is El Salvador under 19 CFR 102.21(c)(5), which provides that the country of origin is conferred by the last country in which an important assembly or manufacturing process occurred.

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