Background

The following proposed revocations and modifications of U.S. Customs and Border Protection classification and origin marking rulings are included in the March 10, 2021, Customs Bulletin and Decisions. Comments on these proposed changes are due by April 9.

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.

Beverage Containers

CBP is proposing to reclassify insulated stainless steel beverage containers as vacuum vessels under HTSUS 9617.00.10 (7.2 percent duty) rather than as steel household articles under HTSUS 7323.93.0080 (2 percent duty). CBP explains that these items have a double-walled construction that performs temperature retention and therefore meet the terms of heading 9617 whether or not they have an additional outer casing. Rulings NY N297758, NY N297169, NY N254461, and NY N264760 would be revoked to reflect this change.

Brass Drains

CBP is proposing to reclassify brass shower and bath drain assemblies as brass sanitary ware under HTSUS 7418.20.10 (3 percent duty) rather than as brass plumbing goods under HTSUS 7419.99.5010 (duty-free). CBP explains that sanitary ware covers permanent fixtures typically connected to the building’s plumbing system and used for the removal of waste and that the items at issue meet that definition. Rulings NY N267667, NY N267669, NY N262071, and NY N262072 would be revoked to reflect this change.

Cotton Yarns

CBP is proposing to reclassify cotton core-spun yarns under HTSUS 5205.12.1000 (5.2 percent duty) or HTSUS 5206.32.0000 (9.2 percent duty) rather than under HTSUS 5606.00.0010 (8 percent duty). CBP explains that these yarns are core-spun yarns, which consists of a core around which fibers are wrapped, rather than gimped yarns, which consist of yarns around which is wrapped spirally another yarn or filament or strip. Rulings NY N304396 and NY N304440 would be modified to reflect this change.

Date Juice/Syrup

CBP is proposing to reclassify date juice concentrate or date syrup as glucose and glucose syrup under HTSUS 1702.40.4000 (5.1 percent duty) rather than as fruit juices under HTSUS 2009.89.7091 (0.5 cents/liter duty). CBP explains that the content of this product is consistent with classification under HTSUS 1702.40. Ruling NY N307283 would be revoked to reflect this change.

Electronic Drum Kit

CBP is proposing to modify ruling NY N202375 regarding the country of origin for marking purposes of an electronic drum kit. All of the kit’s components are made in China except for one made in Taiwan and another made in Sweden, and the components are packaged together in Sweden without further processing. CBP previously cited the NAFTA marking rules in holding that the kit was a product of China for country of origin marking purposes. However, CBP now states that the NAFTA marking rules do not apply because none of the components are from Mexico, Canada, or the U.S. CBP therefore concludes that the country of origin of the items for marking purposes is China, Taiwan, and Sweden

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