The following final revocations of U.S. Customs and Border Protection classification rulings are included in the March 13, 2019, Customs Bulletin and Decisions and will be effective with respect to goods entered or withdrawn from warehouse for consumption on or after May 13.
For more information on obtaining a classification ruling for your imported goods, please contact Deborah Stern at (305) 894-1007.
Diamond Wire. CBP is reclassifying diamond wire used in saws to cut through stone as items for cutting agglomerated natural or artificial abrasives under HTSUS 6804.21.0080 (duty-free) rather than as saw blades under HTSUS 8202.99.00 (duty-free). CBP explains that this wire is not sharp and has no cutting teeth and therefore does not meet the common or commercial meaning of the term “blade.” Ruling HQ H277235 will revoke ruling NY 876359 to reflect this change.
Electronic Flashing Buttons. CBP is reclassifying electronic flashing buttons that are considered novelty items to be worn on festive occasions as plastic imitation jewelry under HTSUS 7117.90.75 (duty-free) rather than as other electrical apparatus under HTSUS 8543.70.9650 (2.6 percent duty). CBP explains that the buttons feature a pin or clip on which the buttons are mounted that is of a type routinely affixed to jewelry pins or brooches worn on a lapel or shirt. CBP adds that while one of these buttons is also classifiable as a festive article under heading 9505, under General Rule of Interpretation 3(a) it must choose the heading with the more specific description, and the Court of Appeals for the Federal Circuit has ruled that the “imitation jewelry” heading is more specific than the “festive articles” heading because it covers a narrower set of items. Ruling HQ H281923 will revoke ruling NY N020891 to reflect this change.
Feed Ingredient. CBP is reclassifying a chemical product designed to increase production of protein and milk in dairy cows as other preparations of a kind used in animal feeding under HTSUS 2309.90.95 (1.4 percent duty) rather than as other organo-sulfur compounds under HTSUS 2930.90.9190 (3.7 percent duty). Ruling HQ H284810 will revoke ruling HQ H262551 to reflect this change.
Raffia Handbags. CBP is reclassifying raffia handbags as handbags of palm leaf under HTSUS 4602.19.2500 (18 percent duty) rather than as handbags not of willow or palm leaf under HTSUS 4602.19.2920 (5.3 percent duty). CBP explains that raffia is a type of palm leaf. Ruling HQ H284742 will revoke rulings NY N261630 and NY N261223 to reflect this change.
Twistable Colored Pencils. CBP is reclassifying twistable colored pencils as mechanical pencils under HTSUS 9608.40.40 (6.6 percent duty) rather than as crayons or other pencils under HTSUS 9609.10.00 (14 cents per gross + 4.3 percent duty). CBP explains that these items fall squarely within the definition of “pencil” because they consist of a solid marking substance enclosed in a rigid sheath. Further, they have a lead that is moved forward by a mechanical device, which places them in the “twist” category of mechanical pencils. Ruling HQ H293295 will revoke ruling NY R00817 to reflect this change.
Wallpaper Strippers. CBP is reclassifying portable steam wallpaper strippers as other electrothermic appliances of a kind used for domestic purposes under HTSUS 8516.79.00 (2.7 percent duty) rather than as immersion heaters under HTSUS 8516.10.0080 (3.7 percent duty). CBP explains that the primary function of these items is the application of steam to fabric and not the heating of water. Ruling HQ H300545 will revoke ruling NY 898469 to reflect this change.