April 30, 2008 CBP Bulletin Notice on Classification of a Rotary Cutting Blade
In the April 30, 2008 issue of the U.S. Customs and Border Protection Bulletin (Vol. 42, No. 19), CBP published a notice proposing to revoke a classification ruling and revoke a treatment as follows:
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Proposed revocation of ruling; proposed revocation of treatment. CBP is proposing to revoke a ruling on the classification of a rotary cutting blade. 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 revocations, or any party involved with a substantially identical transaction, should advise CBP by May 30, 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.
Rotary cutting blade. The article in question is a circular steel cutting blade. It is the rotary cutting portion of a hand-held device used in quilting and sewing applications to cut fabric.
CBP is proposing to issue HQ H012692 in order to revoke HQ 085831 and reclassify the rotary cutting blade under HTS 8205.59.5560 as "handtools (including glass cutters) not elsewhere specified or included and parts thereof: Other: Other: Other" rather than under HTS 8211.94.5000, as "knives with cutting blades and blades and other base metal parts thereof: Other: Blades: Other."
CBP proposes this change as a correction based largely on the Explanatory Notes (ENs) and the concept of "ejusdem generis" which means "of the same class or kind." The ENs to heading 8211 specify that blades of this heading are for the manufacture of the knives included in the heading, and provide a list of examples. Rotary cutting blades are not mentioned, nor are they "of the same class or kind" as the listed articles which are all straight edge blades. Additionally, the ENs to HTS heading 8205 specifically mention small household handtools with rotary blades. The item in question is a blade used in a hand held device by home sewers and quilters.
CBP now proposes that based on GRI 1, the circular steel cutting blades should be classified in HTS 8205.59.5560 as parts of handtools.
Proposed: 8205.59.5560, 5.3%; current: 8211.94.5000, 1cent ea 5.4%
(The bulletin notice incorrectly states that the proposed HTS number is 8205.59.8000, 3.7%; however, CBP sources state that the correct HTS, 8205.59.5560, which will be reflected in the revocation notice.)
April 30, 2008 CBP Bulletin (Vol. 42, No. 19) available athttp://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2008/