March 20, 2008 CBP Bulletin Notice on Certain Metal Screw and Plastic Anchor Kits
In the March 20, 2008 issue of the U.S. Customs and Border Protection Bulletin (Vol. 42, No. 13), CBP published a notice proposing to modify a classification ruling and revoke a treatment as follows:
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Proposed modification of ruling; proposed revocation of treatment. CBP is proposing to modify a ruling on the classification of certain metal screw and plastic anchor kits. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
CBP states that any party who has received a contrary written ruling or decision on the merchandise that is subject to the proposed modification and revocation, or any party involved with a substantially identical transaction, should advise CBP by April 19, 2008, the date that written comments on the proposed ruling are due. Furthermore, CBP states that an importer's failure to advise CBP of such rulings, decisions, or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agent for importations subsequent to the effective date of the final decision in this notice.
Certain metal screw and plastic anchor kits. The merchandise is described as kits R021, R187 and T057. Article R021 consist of 10 plastic wall driller anchors packaged with 10 threaded metal screws. Article R1087 consists of 30 plastic wall anchors packaged with 30 metal screws. Article T057 consists of 12 plastic toggle anchors packaged with 12 threaded metal screws.
CBP is proposing to issue HQ H013681 in order to modify NY H86521 and reclassify the three metal screw and plastic anchor kits under HTS 7318.14.1060, HTS as "screws of iron or steel" rather than under HTS 3926.90.9880 as "other articles of plastic." The other items in ruling NY H86521 remain unaffected.
CBP proposes this change as a correction, based on prior rulings (see Bulletin for specific rulings) and the determination that neither the plastic anchor nor the metal screw imparts the essential character of the kit. Therefore, based on GRI 3(c), CBP proposes that the kits should be classified under 7318.14.1060.
Proposed: 7318.14.1060, 6.2%; current: 3926.90.9880, 5.3%
March 20, 2008 CBP Bulletin (Vol. 42, No. 13) available athttp://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2008/