May 7 CBP Bulletin Proposes to Revoke Rulings on Jewel Sticker, Plastic Gems
In the May 7 issue of the CBP Customs Bulletin (Vol. 48, No. 18), CBP published two notices that propose to revoke rulings and similar treatment for the tariff classification of a flashing jewel sticker and plastic adhesive gems.
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Comments on Proposed Revocations Due June 6
CBP said consideration will be given to any written comments received by May 30 before taking this action. In addition, any party who has received a 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 the date that written comments on the proposed ruling are due. (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 agents for importations subsequent to the effective date of the final decision in this notice.)
Proposed Revocations
CBP is proposing to revoke the rulings below, and any rulings on these products that may exist but have not been specifically identified. CBP is also proposing to revoke or modify any treatment it has previously accorded to substantially identical transactions.
Flashing Jewel Sticker
| Item: The flashing jewel sticker is a star-shaped green plastic jewel. The jewel measures approximately one inch across its widest point. Inside of the plastic star is a battery and an integrated circuit chip. When pressed, the star will flash. The star has a sticker attached to the back of it, and can be worn anywhere on the body. |
| Current: Heading 7117, 7.2% or Free depending on the value, (Imitation jewelry) |
| Proposed: 3926.90.40, 2.8%, (Other articles of plastics and articles of other materials of headings 3901 to 3914: other: imitation gemstones ….) |
| Reason: The jewel sticker does not imitate any article of jewelry clad with metal, so it cannot be classified as jewelry under heading 7117, said CBP. Rather, it imitates a star-shaped precious stone. |
| Proposed for revocation: NY G86870 (2001) |
| Proposed new ruling: HQ H236025 |
Plastic Adhesive Gems
| Item: Jewelry Fashion Play Sets. One set includes six metal bangle bracelets and adhesive body gems. The other set includes a necklace with fake mounted gems, two metal earrings and plastic adhesive body gems. |
| Current: Bracelet Set -- 7117.90, 7.2% or free depending on value, (Imitation jewelry) Necklace Set --7117.90, 7.2% or free depending on value, (Imitation jewelry) |
| Proposed: Bracelet Set -- 7117.19.90, 11%, (Imitation jewelry: of base metal: other: other: other ….) Necklace Set --7117.90.75, Free, (Imitation jewelry: other: other: valued over 20 cents per dozen pieces or parts: other: of plastics …) |
| Reason: In both cases, the other parts of the sets comprise more of the set’s bulk and weight than the plastic gems and likely have a greater value than the plastic gems, said CBP. While the plastic adhesive gems are likely disposable and worn only once, the consumer can reuse the bracelets, necklace or earrings, over and over again. As a result, the bracelets, necklace and earrings, provide the essential character to each set. |
| Proposed for revocation: NY I87401 (2002), NY I87310 (2002) |
| Proposed new ruling: HQ H236058 |