Background

The following final revocations and modifications of U.S. Customs and Border Protection rulings are included in the Nov. 11, 2020, Customs Bulletin and Decisions. These changes will be effective with respect to goods entered or withdrawn from warehouse for consumption on or after Jan. 10, 2021.

For more information on how to seek or utilize classification and other rulings, please contact customs attorney Deb Stern at (305) 894-1007. Click here to register for ST&R’s upcoming webinar on the basics of classification.

Hanging Shelves

CBP is reclassifying textile hanging shelves as other made-up textile articles under HTSUS 6307.90.9889 (7 percent duty) rather than as other furniture under HTSUS 9403.89.60 (duty-free). CBP explains that these shelves are not furniture because they lack additional components such as iron pipes or hanging bars with metal hooks that would allow them to be mounted or hung on a wall. Ruling HQ H206079 will revoke rulings NY N293709, NY N295394, and NY N298740 to reflect this change.

Machine Covers

CBP is reclassifying disposable fleece covers for a mechano-therapy device as other made-up articles under HTSUS 6307.90.98 (7 percent duty) rather than parts or as accessories of mechano-therapy appliances under HTSUS 9019.10.20 (duty-free). CBP explains that these covers are neither parts nor accessories because the machines can function without them and the covers do not directly affect the machines’ operation or contribute to their effectiveness. Ruling HQ H308383 will revoke rulings HQ 966911 and NY N051743 and modify ruling HQ H283893 to reflect this change.

Notebooks with Gel Pens

CBP is reclassifying notebooks with embedded LEGO bricks and attached gel pens as bound notebooks under HTSUS 4820.10.2060 (duty-free) rather than as “other” under HTSUS 4820.10.4000 (duty-free). CBP explains that these items are a set and their most distinctive characteristic is the notebook. Ruling HQ H309572 will revoke ruling NY N306048 to reflect this change.

Plastic Coolers

CBP is reclassifying hard-sided coolers made of molded plastic and insulated by polyurethane foam as structured rigid plastic cases under HTSUS 4202.12.2120 (20 percent duty) rather than as plastic furniture under HTSUS 9403.70.4031 (duty-free) and 9403.70.8031 (duty-free), other plastic articles for the conveyance or packing of goods under HTSUS 3923.10.90, or other plastic kitchenware under HTSUS 3924.10.4000 (3.4 percent duty). CBP explains that these coolers are of the same kind as those enumerated in heading 4202 because they (a) are used by consumers to store, organize, and protect items while travelling, (b) are rectangular containers with hinged tops and a single compartment for storing specific items, and (c) when of a larger size, usually include handles to allow for ease when traveling. Ruling HQ H305292 will modify ruling NY N285560 and revoke rulings HQ 085323, NY N024773, NY N259674, NY N262814, NY N263691, and NY N276904 to reflect this change.

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