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April 13 Bulletin Notices on 3 Ruling Modifications/Revocation

In the April 13, 2011 issue of the U.S. Customs and Border Protection Bulletin (Vol. 45, No. 16), CBP published notices that modify rulings on seasoning and safety gates and revokes a ruling on a plant growth chemical, in order to correctly classify these products.

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Modifications and Revocation Effective June 13

The modifications and revocation are effective for merchandise entered or withdrawn from warehouse for consumption on or after June 13, 2011.

In addition to modifying or revoking the identified rulings, CBP’s notice covers any rulings on this merchandise which may exist but have not been specifically identified. CBP is also revoking any treatment it has previously accorded to substantially identical transactions.

Modifications and Revocation

New RulingDescription/ReasonNew HTS/RateFormer HTS1/Rate
HQ H030205

(NY M83880

modified)

BBQ Shake seasoning with over 10 percent sugar -- modified as powder or granular state does not meet the exception for “retail packing”2103.90.7400, 2103.90.7800

7.5%

2103.90.8000

6.4%

HQ H045151

(NY L83194 modified)

Pressure gate that mounts into openings without hardware -- modified as safety gates that are not capable of being permanently installed are " other household articles"3924.90.56

3.4%

3925.90.00

5.3%

HQ H064895

(NY N0406978 revoked)

Ethephon 73.81% Technical and Ethephon 65% - also known as 2-Chloroethylenephosphonic acid, a plant-growth regulator/ethylene releaser -- revoked due to new information regarding inert ingredients.9902.24.73

Free

(2931.00.90

3.7%)

3808.93.50

5%

1Most of the tariff numbers and duty rates listed in the “Former HTS/Rate” column are from the original ruling listed in the Bulletin.

(See ITT’s Online Archives or 06/11/10 news, 10061123, for BP summary of proposed modification for ruling on BBQ Shake seasoning.

See ITT’s Online Archives or 12/21/09 news, 09122155, for BP summary of proposed modification for ruling on safety gates.

See ITT’s Online Archives or 04/05/10 news, 10040540, for BP summary of proposed revocation for ruling on Ethephon.)