Background

The following proposed revocations and modifications of U.S. Customs and Border Protection classification rulings are included in the April 28, 2021, Customs Bulletin and Decisions. Comments on these proposed changes are due by May 28.

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.

Click here to register for ST&R’s upcoming webinar on advanced classification topics.

Coral Beads

CBP is proposing to reclassify coral beads for jewelry as worked coral under HTSUS 9601.90.40 (2.1 percent duty) and jewelry with abalone as imitation jewelry under HTSUS 7117.90.90 (11 percent duty) rather than as articles of precious or semiprecious stones under HTSUS 7116.20.0580 (3.3 percent duty) or 7116.20.4000 (10.5 percent duty). CBP explains that within the context of HTSUS classification abalone and coral do not constitute precious or semiprecious stones. Further, the beads are not in the form of jewelry at the time of importation and do not constitute parts of jewelry. Ruling NY N285626 would be revoked, and rulings NY N123795 and NY N284708 would be modified, to reflect this change.

Light Sets

CBP is proposing to reclassify black- and white-corded light sets designed to resemble spider webs as other electric lamps under HTSUS 9405.40.84 (3.9 percent duty) rather than as lighting sets of a kind used for Christmas trees under HTSUS 9405.30.0010 (8 percent duty). CBP explains that these light sets do not have a green cord, which the Court of International Trade has determined are “of a kind used for Christmas trees,” and are for use in a corner of a room or doorway, which prevents their use on a Christmas tree. Ruling NY N248187 would be revoked to reflect this change.

Mattress Foundation Covers

CBP is proposing to reclassify textile covers for mattress foundations without springs or wires as other made-up articles under HTSUS 6307.90.9891 (7 percent duty) rather than as furniture parts under HTSUS 9403.90.60 (duty-free). CBP explains that while the covers “undeniably provide the aesthetics to the mattress foundations,” such enhancement “cannot be upheld as an integral part” of the foundations, and the covers are therefore not parts of the foundations. Rulings NY N187630 and HQ H254127 would be revoked, and rulings NY L81761 and NY L81762 would be modified, to reflect this change.

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