April 22 CBP Bulletin Proposes to Revoke, Modify Rulings on Yard Stakes, Hockey Memorabilia
In the April 22 issue of the CBP Customs Bulletin (Vol. 49, No. 16) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for the tariff classification of yard stakes and hockey memorabilia
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Comments on Proposals Due May 22
CBP said consideration will be given to any written comments received by May 22 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 modifications, 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.)
Proposals
CBP is proposing to revoke or modify 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.
Yard Stakes
| Item: Yard stakes in the form of a flower and made from iron. Measuring approximately 22 inches, the yard stakes are coated in green paint. One end of the stake is curved and has an iron-backed glass article in the shape of a flower, or a bee, or a bird, or a lady bug affixed to it by means of a small metal ring. Three pieces of metal in the form of petals with two metal flowers are welded at the midpoint of each stake. The ornamental flower, bee, bird or lady bug are covered in broken glass and then painted in assorted colors, depending upon the specific item. |
| Current: 7013.99.5000, 30%, (Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes... other glassware: other: other: other: valued over thirty cents but not over three dollars each) |
| Proposed: 8306.29.00, Free, (Bells, gongs and the like, nonelectric, of base metal; statuettes and other ornaments, of base metal; photograph, picture or similar frames, of base metal; mirrors of base metal; and base metal parts thereof: Other.) |
| Reason: The metal component, not the glass, most accurately describes the imported article inasmuch as it provides the overall design and structure to the imported article, said CBP. In addition, the metal stake provides substantial visual impact, thus imparting a decorative presence to the imported article. |
| Proposed for revocation: NY N248093 (2013) |
| Proposed new ruling: HQ H251139 |
Hockey Jerseys
| Item: Two professional hockey jerseys. The first is a Jacques Plante circa 1957 Montreal Canadiens Wool Sweater. Plante played for the Montreal Canadiens from 1953 to 1963 during which time his team won the Stanley Cup six times, including five consecutive wins. The second is a 1926 Detroit Cougars Wool Sweater. The Detroit Cougars wool sweater was owned by Erik Brolin, an original member of the team which made its NHL debut in the fall of 1926. |
| Current: 6110.11.0015, 16%, (Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of wool or fine animal hair: Of wool: Sweaters: Men’s.) |
| Proposed: 9705.00.00, Free, (Collections and collectors’ pieces of zoological, botanical, mineralogical, anatomical, historical, archaeological, paleontological, ethnographic or numismatic interest.) |
| Reason: Articles of “historical interest” may include items that by virtue of their rarity, age, connection to a specific historical event, or era or point in time, may be classified in heading 9705. Given the fame of Jacques Plante, his historically significant actions and contributions to the sport of ice hockey, his prolific career, and myriad awards and trophies awarded to him, an article of memorabilia that belonged to him is considered a collector’s piece for tariff classification purposes. While Erik Brolin was not a famous hockey player -- the third-string goalie for the inaugural season -- the creation of the NHL was a historical occurrence, said CBP. |
| Proposed for modification: N198401 (2012) |
| Proposed new ruling: HQ H213716 |