June 9, 2010 CBP Bulletin on Proposed Ruling Changes for 12 Products
In the June 9, 2010 issue of the U.S. Customs and Border Protection Bulletin (Vol. 44, No. 24), CBP published notices that propose to modify or revoke 12 rulings regarding the products described below.
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Comments on Proposed Changes Due July 9
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 July 9, 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.
Proposed Revocations and Modifications
CBP states that these proposed modifications and revocations cover the below rulings, and 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 Ruling1 | Description/Reason | Current HTS/Rate2 | Proposed HTS/Rate |
| NY 183131, NY 183130, NY R03451, NY H80773, NY 188935 ( 2 would be modified, 3 revoked) | Electric Christmas and Halloween light sets Sets are multi-use, lights can even be orange or purple; principal use is for decoration of Christmas trees | 9405.40.8000 3.9% | 9405.30.00 8% |
| NY N035900 (would be modified) | Tents made of 50/50 blend of polyester/cotton fibers Correction. As 50/50, classification occurs under the subheading which occurs last in numerical order | 6306.22.9030 8.8% | 6306.29.1100 8% |
| NY M83880 (would be modified) | BBQ Shake seasoning with over 10 percent sugar Powder or granular state does not meet the exception for “retail packing” | 2103.90.8000 6.4% | 2103.90.7400, 2103.90.7800 7.5% |
| HQ 955644 (would be revoked) | Mixed Xylidines (CAS 1300-73-8) Product not listed in HTS Chemical Appendix | 2921.49.5000 2.2 cents/kg + 17.6% | 2921.49.45 6.5% |
| NY L89596 (would be modified) | Knit-to-shape Brassieres Correction. Origin is Hong Kong, not China, as knit to shape in HK, not wholly assembled in China. | No change | No change |
| NY L87670 (would be revoked) | Magnesium Oxide Board Correction. It is an article of cement, not an article of other mineral substances. | 6815.99.4000 free | 6811.82.00 free |
| NY N022627 (would be revoked) | Rolling Cooler Bag with detachable tote bag Correction. Classified as a composite good, not classified separately. Most important function is preserving food. | 4202.92.0807 7% (cooler) 4202.92.3031 17.6% (tote) | 4202.92.1000 3.4% |
| NY N018967 (would be revoked) | Ceramic Cooktop Scraper Correction. Principal use is as a hand tool used in kitchen cleaning | 8205.59.5510 5.3% | 8205.51.30 3.7% |
| NY N021149 (would be revoked) | Stepladder/Hand kart Dual use article, with no one component imparting essential character. | 8716.80.5010 3.2% | 8716.80.5090 3.2% |
| HQ 950334 (would be revoked) | Steel winches Correction. Tightening or restraining functions make them eo nomine winches; no need to lift, haul, or tow | 8479.89.90 3.7% | 8425.39.01 free |
| NY L85170 (would be modified) | Toy pet carriers Correction. Carrier used primarily for interactive play with a stuffed animal. | 4202.92.9026 17.6% | 9503.00.00 free |
| NY N003933 (would be revoked) | Knit sweatshirt jacket Sizing, construction, styling, advertising, and marketing is unisex, so classified as girl’s garment. | 6101.20.0020 15.9% | 6102.20.0020 15.9% |
1The Bulletin also lists the ruling numbers for the proposed rulings.
2Most of the tariff numbers and duty rates listed in the "Current HTS/Rate" column are from the original ruling listed in the Bulletin.
(CBP Bulletin, dated June 9, 2010, Vol. 44, No. 24)