Background

In the April 6, 2022, Customs Bulletin and Decisions, U.S. Customs and Border Protection is reclassifying the following products, effective with respect to goods entered or withdrawn from warehouse for consumption on or after June 5.

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

Cookie Assortments

CBP is reclassifying two elements of a cookie assortment separately instead of together. The assortment consists of 15 different varieties of decorated chocolate-covered cookies shaped in circles, squares, sticks, and a heart. Three of the 15 are described as wafers with cream fillings. The assortment is packaged for retail sale in tins printed and embossed as seasonal items suitable for gifting.

The assortment was previously classified as biscuits and similar baked products under HTSUS 1905.90.1050 (duty-free) but CBP is now reclassifying them as sweet biscuits under HTSUS 1905.31.00 (duty-free) and the wafers as waffles and wafers under HTSUS 1905.32.00 (duty-free). CBP explains that the assortment does not qualify as a set under GRI 3(b) because the biscuits and wafers are not put up together to meet a particular need or carry out a specific activity.

Ruling HQ H317110 will revoke ruling NY N303994 to reflect this change.

Bandage Scissors

CBP is reclassifying bandage scissors as scissors under HTSUS 8213.00.90 (3 cents each + 3 percent duty) rather than as medical instruments under HTSUS 9018.90.80 (duty-free).

The subject goods are stainless steel scissors used by health care professionals in a variety of non-surgical applications; e.g., cutting gauze and other bandage material.

CBP explains that these scissors are used to remove bandages after a medical procedure has been completed and are very similar to those used by EMTs and first responders to cut off patients’ clothing. They are thus not used to diagnose or treat an illness nor in a surgical setting. In addition, their offset blades and blunted safety tips do not connote sufficient specialization for them to be considered instruments used in medical or surgical sciences.

Ruling HQ H318631 will revoke rulings HQ 957534 and NY N014017 and modify ruling NY 810138 to reflect this change.

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