March 31, 2010 CBP Bulletin Notices on 12 Proposed Ruling Modifications/Revocations
In the March 31, 2010 issue of the U.S. Customs and Border Protection Bulletin (Vol. 44, No. 14), CBP published notices regarding the correct classification of the products described below.
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Proposed Revocations and Modifications
CBP states that any party who has received a ruling or decision on the merchandise that is subject to the proposed revocations or modifications, or any party involved with a substantially identical transaction, should advise CBP by April 30, 2010, the date that written comments on the proposed rulings 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.
CBP also states that these proposed actions cover any rulings on this merchandise that may exist but have not been specifically identified. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
| Current Ruling | Description/Reason | Current HTS/Rate1 | Proposed HTS/Rate |
|---|---|---|---|
| NY N047472 (would be revoked) | Solar module - Trinasolar TSM-175D solar module, comprised of 72 monocrystalline silicon photovoltaic cells and a junction box. Proposal is in accord with NY 866046. | 8501.31.8000 2.5% | 8541.40.60 Free |
| NY N022872 (would be modified) NY N024029 (would be revoked) | Solar Powered Decorative Lanterns - lanterns are constructed of base metal with a rustic finish and feature frosted translucent plastic [panels] on all four sides. It is now CBP's view that these items are statuettes and other ornaments of base metal. | 9405.40.60 6% | 8306.29.00 Free |
| NY N020461 (would be modified) | Textile drawstring bag - a polyester bag with a cotton drawstring that measures approximately 5 by 7 inches used to carry a USA board game. New factual basis for classification. | 9504.90.60 Free | No change |
| NY N025263 (would be modified) | Men's knit and woven sleepwear pants - identified as styles 230316 and 230317, both have a fly front, drawstring, and side seam pockets. Correction. Garments are suggestive of sleepwear. | 6103.42.1020, 6203.42.4016 16.1%, 16.6% | 6107.91.0030, 6207.91.3010 8.7%, 6.1% |
| NY N048031 (would be revoked) | Reed diffuser bottle - a small, round, clear glass jar with a short neck and a cork or rubber closure, to be filled with scented oil. Although a smaller size, CBP says it should be classified the same as larger reed diffuser bottles. | 7010.90.50 Free | 7013.99.50 30% |
| NY J83032 (would be revoked) | Labeling tool - ID Pal hand-held label printer, powered either by batteries or AC adapter, designed for use in field applications such as wire and cable marking, etc. CBP states it is specifically provided for in heading 8443. | 9611.00.0000 2.7% | 8443.39.90 Free |
| HQ 087133 (would be revoked) | Bear Bank - a partially stuffed bear figure with a hollow plastic container for the holding of coins in the torso, and an exterior of soft plush pile fabric. CBP found it likely to be used for comfort, companionship, and amusement - like a stuffed bear. | 6307.90.9590 7% (2004) | 9503.00.00 Free |
| NY R03515 (would be revoked) | X- Arm TV mounts - the X-Arm is a motorized, moveable, robotic arm that is affixed to a vertical wall and is designed to mount a plasma or flat-screened TV. Correction. CBP has long classified motorized machines that could not be classified elsewhere in Heading 8479. | 8543.89.9695 2.6% | 8479.89.98 2.5% |
| NY M86614 (would be modified) | Wii optical discs - optical discs are slightly less than 5 inches in diameter and are produced using single-layer technology. They contain proprietary Wii software and can only be used with Wii game consoles. Provided for eo nomine in 8523 as the discs have software recorded on them. | 9504.10.0000 Free | 8523.40.40 Free |
| NY K89730 (would be revoked) | Atovaquone - CAS 95233-18-4, has the chemical formula C22H19O3Cl. Its chemical name is trans -2-[4-(4-chlorophenyl)cyclohexyl]-3-hydroxy-1,4-naphthalenedione. CBP applied GRI 1 and 6. | 2914.69.2000 Free | 2914.70.40 Free |
| NY N046978 (would be revoked) | Ethephon 73.81% Technical and Ethephon 65% - also known as 2-Chloroethylenephosphonic acid, a plant-growth regulator/ethylene releaser. Changed based on new information regarding inert ingredients. | 3808.93.5000 5% | 2931.00.90 3.7%2 |
| NY N013185 (would be revoked) NY K89943 (would be revoked) | Certain sex toys - (1) finger vibrator and (2) vibrating condom ring. CBP has changed its view. Massage apparatus does not need to provide a therapeutic benefit. | 8543.70.9650, 8543.89.9695 2.6% | 9019.10.20 Free |
- Most of the tariff numbers and duty rates listed in the "Current HTS/Rate" column are from the original ruling listed in the Bulletin.
2Special legislative provision 9902.24.73 applies to both products; as a result, the subject merchandise that is imported on or before December 31, 2009, is duty-free.
CBP Bulletin (dated 03/31/10) available at http://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2010/vol44_03312010_no14/