Background

The following proposed revocations or modifications of U.S. Customs and Border Protection classification rulings are included in the Sept. 13, 2023, Customs Bulletin and Decisions. Comments on these proposed changes are due by Oct. 13.

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.

Click here for more information on ST&R’s upcoming classification webinars.

Steel Wire Cartridges

CBP is proposing to reclassify steel wire cartridges as tool parts under HTSUS 8467.99.01 (duty-free) rather than as tools under HTSUS 8467.29.0090 (duty-free). Ruling HQ 300804 would be modified to reflect this change.

The products at issue are steel tie wire cartridges consisting of spools of black annealed wire or polyester coated wire wrapped around black polypropylene cores. The cartridges do not resemble the typical packaging associated with wire products but instead have a sprocket-like appearance and are specially molded into a unique design that allows them to properly fit inside the designated tool. That tool is a battery-powered handheld power tool that incorporates a self-contained direct current motor and is used to tie and secure concrete rebar by holding the crossed reinforcing bars and feeding, winding, cutting, and tying the steel tie wire in one action.

CBP states that the cartridges meet the definition of “parts” because they are integral to, and dedicated solely for use with, the specified tool. Specifically, they are sold with steel tie wire inside, remain with the steel tie wire throughout its use by the tool, are the standard device for providing steel tie wire to the tool, and are not designed for reuse.

Brewer’s Grains

CBP is proposing to reclassify processed brewer’s saved grains as other food preparations under HTSUS 2106.90.9998 (6.4 percent duty) rather than as other cereal flours under HTSUS 1102.90.6000 (9 percent duty). Ruling NY N307210 would be revoked to reflect this change.

The product at issue is produced from drying and milling brewing or distilling dregs and waste. It is in powder form and will be sold for use as fiber and/or protein ingredients in baked goods and other food applications.

Decorative Boxes

CBP is proposing to reclassify a decorative wood box under HTSUS 4420.90.80 (3.2 percent duty) rather than under HTSUS 4420.90.4500 (4.3 percent duty). Ruling NY N274180 would be revoked to reflect this change.

The product at issue is a small decorative wooden box with slats in the shape of an open produce crate. It is not used for general packing and transport of goods but rather can be used for storage of household personal effects and food items such as apples and other fruits, spices, etc.

CBP explains that HTSUS 4420.90.45 provides for jewelry boxes, silverware chests, cigar and cigarette cases, and similar boxes, cases, and chests of wood but that nothing about the box at issue makes it specifically a jewelry box, silverware chest, cigar or cigarette box, microscope case, tool or utensil case, or similar box of HTSUS 4420.90.45 or other similar boxes enumerated in the Explanatory Notes.

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