April 22 CBP Bulletin Proposes to Revoke, Modify Rulings on Chocolate, Sliced Potatoes
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 chocolate with hazelnuts and sliced potatoes.
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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.
Chocolate with Hazelnuts
| Item: Milk chocolate with hazelnuts |
| Current: 1806.20.81, 10%, (Chocolate and other food preparations containing cocoa: Other preparations in blocks, slabs or bars, weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg: Other: Other: Other: Dairy products described in additional U.S. note 1 to chapter 4: Described in additional U.S. note 10 to chapter 4 and entered pursuant to its provisions) |
| Proposed: 1806.20.99, 8.5%, (Chocolate and other food preparations containing cocoa: Other preparations in blocks, slabs or bars, weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg: Other: Other: Other: Other: Other.) |
| Reason: Under Additional U.S. Note 1 to Chapter 4, the percentages of the subject merchandise’s components make it ineligible for the previous subheading. While the chocolate contains dried milk, which has less than 5.5 percent milk fat and is mixed with other ingredients, it contains less than 16 percent milk solids, said CBP. |
| Proposed for revocation: NY N007869 (2007) |
| Proposed new ruling: HQ H105330 |
Sliced and Diced Potatoes
| Item: Dried potatoes treated with sodium bisulfite. |
| Current: 2005.20.00, 6.4%, (potatoes prepared or preserved otherwise than by vinegar or acetic acid, other.) |
| Proposed: 0712.90.30, 2.3¢/kg, (Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared: Other vegetables; mixtures of vegetables: Potatoes whether or not cut or sliced but not further prepared.) |
| Reason: The sodium bisulfite with which the subject potatoes have been treated simply preserves the color and taste of these potatoes without actually changing the taste. Thus, it does not actively produce a considerably longer shelf life and the potatoes don't meet the definitions of "prepared" or "preserved," it said. The potatoes are better classified in heading 0712, it said. |
| Proposed for modification: HQ 966202 (2003), HQ 954208 (1993) |
| Proposed new ruling: HQ H243645 |