Background

The following final revocations of U.S. Customs and Border Protection rulings are included in the Dec. 16, 2020, Customs Bulletin and Decisions. These changes will be effective with respect to goods entered or withdrawn from warehouse for consumption on or after Feb. 14, 2021.

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

Chai Teas

CBP is issuing ruling HQ H312440 to modify ruling NY N306886 to state that (1) one variety of instant chai teas is classified under HTSUS 2101.20.58 (30.5 cents/kg + 8.5 percent duty) rather than HTSUS 2101.20.54 (10 percent duty), is eligible for preferential treatment under NAFTA, and qualifies to be marked as a good of Mexico under the NAFTA marking rules, and (2) the country of origin for marking purposes of four other instant chai tea varieties is Kenya instead of the U.S.

Framed Mirrors

CBP is reclassifying framed mirrors used a part of a modular closet storage and organization system as other furniture under HTSUS 9403.89.60 (duty-free) rather than as wooden furniture of a kind used in the bedroom under HTSUS 9403.50.9080 (duty-free). CBP explains that the glass surface of the mirror imparts its essential character, not the wooden frame. Ruling HQ H305460 will revoke ruling NY N304224 to reflect this change.

Network Devices

CBP is reclassifying network devices known as range extenders as other machines for the reception, conversion, and transmission or regeneration of voice, images, or other data under HTSUS 8517.62.0090 (duty-free) rather than as switching and routing apparatus under HTSUS 8517.62.0020 (duty-free). CBP explains that these items do not perform switching or routing themselves and instead rely on an external switching or routing device. Ruling HQ H306942 will revoke ruling NY N300883 to reflect this change.

Sneakers

CBP is reclassifying a woman’s sneaker as other footwear with outer soles of rubber or plastics under HTSUS 6404.19.90 (9 percent duty) rather than as sports footwear and the like under HTSUS 6404.11.9050 (20 percent duty). Ruling HQ H301907 will revoke ruling NY N298995 to reflect this change.

This above-the-ankle shoe has an upper with an external surface area predominantly of cotton canvas textile, a rubber/plastic foxing band, and a cushioned midsole. CBP explains that while this shoe has a general athletic appearance and most of the other construction features identifiable with athletic footwear, it also has a pointed toe, which could make running long distances uncomfortable.

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Deborah B. Stern
Partner, Advisory Committee

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