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Classification Ruling Changes on Turntables, Trampolines, Food Additives

Friday, July 20, 2018
Sandler, Travis & Rosenberg Trade Report

The following final revocations and modifications of U.S. Customs and Border Protection classification rulings are included in the July 11, 2018, Customs Bulletin and Decisions and will be effective with respect to goods entered or withdrawn from warehouse for consumption on or after Sept. 10.

Stereo Turntable System. CBP is reclassifying an automatic stereo turntable system as a record player under HTSUS 8519.89.20 (3.9 percent duty) rather than as a turntable with an automatic record changing mechanism under HTSUS 8519.30.10 (3.9 percent duty). CBP explains that unlike turntables, this system has its own electrical means of amplifying sound. Ruling HQ H271390 will revoke ruling NY N268674 would to reflect this change.

Kids’ Trampoline. CBP is reclassifying a trampoline that allows children to play and listen to music when jumping as exercise equipment under HTSUS 9506.91.0030 (4.6 percent duty) rather than as a toy under HTSUS 9503.00.0080 (duty-free). Ruling HQ H212596 will revoke ruling NY N012532 to reflect this change.

CBP states that to be considered a toy an article must be principally designed for amusement and not practicality. These trampolines, on the other hand, provide physical recreation and athletic coordination similar to jumping on larger trampolines. CBP also cites a 2001 ruling (HQ 963284) stating that an item does not have to be a regulation or official size to be considered sports equipment, provided that it is sufficiently sturdy and challenging to qualify as a “junior edition.”

Trampoline Safety Enclosure. CBP is proposing to reclassify a trampoline safety enclosure under HTSUS 9506.91.0030 (4.6 percent duty) rather than under HTSUS 9506.99.6080 (4 percent duty). Ruling HQ H292029 will revoke ruling NY R03134 to reflect this change.

The item at issue is composed of polyethylene mesh netting assembled on a zinc steel frame with foam tubes that are designed to be attached to a trampoline by means of zinc clamps. CBP states that it has classified recreational trampolines as exercise equipment under HTSUS 9506.91.0030 and that Note 3 to Chapter 95 provides that parts and accessories suitable for use solely or principally with articles of this chapter are to be classified with those articles. Because the items at issue are identifiable as such accessories, CBP states, they are classifiable under that subheading.

Fishing Rods. CBP has withdrawn a proposal to reclassify children’s fishing rod and reel combinations as fishing rods under HTSUS 9507.30 rather than as toys under HTSUS 9503.90.80 (duty-free) or  9503.70.00 (duty-free). CBP states that it is now of the view that the original classification in rulings NY N003439 and NY N004939 is correct.

Food Additives. CBP is reclassifying natamycin 50 percent with lactose and natamycin 50 percent with sodium chloride as fungicides under HTSUS 3808.92.50 (five percent duty) rather than as medicaments for prophylactic uses under HTSUS 3003.20.00 (duty-free). CBP explains that these substances are not used for the treatment or prevention of a disease or ailment but rather are used as antimycotic agents in the food industry. Further, CBP states that it has consistently classified antifungal mixtures similar to these in heading 3808. Ruling HQ H261418 will modify ruling NY I82455 to reflect this change.

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