Background

The following proposed revocations and modifications of U.S. Customs and Border Protection classification rulings are included in the Jan. 26, 2022, Customs Bulletin and Decisions. Comments on these proposed changes are due by Feb. 25.

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.

Silicone Parts

CBP is proposing to reclassify a silicone valve used in an accessory of a metered dose inhaler as other plastic articles under HTSUS 3926.90.99 rather than as parts of aerosol therapy apparatus under HTSUS 9019.20. Ruling HQ 558009 would be modified to reflect this change.

CBP states that heading 9019 does not provide for parts of accessories and that a 1995 court ruling said “a subpart of a particular part of an article is more specifically provided for as a part of the part than as a part of the whole.”

Magnetic Sleeves

CBP is proposing to reclassify a magnetic sleeve as a permanent magnet under HTSUS 8505.11.00 (2.1 percent duty) rather than as a work holder under HTSUS 8505.90.40 (duty-free). Ruling NY N304844 would be revoked to reflect this change.

The body of each magnetic sleeve consists of a plastic or aluminum material that has a permanent magnet made from sintered neodymium-iron-boron fitted into one end and a metal spring band fastened around a recessed section of the outer surface on the other end. The user slides a screwdriver or screwdriver bit into one end of the sleeve and, on the other end, a metal screw is inserted into the magnet. The sleeve’s function is to magnetically facilitate the installation of a screw by stabilizing it while the tool drives it into the workpiece.

CBP states that the sleeves are not classified under heading 8505 because their function is not similar to other exemplars in that heading. CBP also finds that the magnet provides the essential character of the sleeve.

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