The following proposed modifications of U.S. Customs and Border Protection classification rulings are included in the May 17, 2023, Customs Bulletin and Decisions. Comments on these proposed changes are due by June 16.
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.
Lawn Ornament
CBP is proposing to reclassify an inflatable lawn ornament as a festive article under HTSUS 9505.10.40 (duty-free) rather than as a made-up article under HTSUS 6307.90.9891 (7 percent duty). Ruling NY N325599 would be revoked to reflect this change.
The item at issue is an inflatable snowman with a red scarf with snowflake pattern and a sprig of holly leaves and red berries on the scarf. CBP had originally ruled that a snowman is a seasonal motif, as is the appearance of red berries, and that neither is specially linked to any particular holiday. However, CBP now states that while it would not be aberrant to display a snowman figure outside the Christmas season, the holly leaves and red berries are a motif traditionally closely associated with Christmas and used or displayed principally during that season.
Ethylene Glycol
CBP is proposing to reclassify ethylene glycol bis (m-toly ether) as an aromatic ether under HTSUS 2909.30.40 (5.5 percent duty) rather than as an aromatic ether-alcohol under HTSUS 2909.49.10 (5.5 percent duty). CBP explains that there is not an intact alcohol function group present in the chemical structure of this substance. Ruling NY N087996 would be revoked to reflect this change.
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