July 29 CBP Bulletin Proposes to Modify Rulings on Paper, Nuts
In the July 29 issue of the CBP Customs Bulletin (Vol. 49, No. 30) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for the tariff classification of paper and nuts.
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Comments on Proposals Due Aug. 28
CBP said consideration will be given to any written comments received by Aug. 28 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 any treatment it has previously accorded to substantially identical transactions.
Paper
| Item: Filler paper, composition notebooks, spiral notebooks and wireless notebooks formed from jumbo paper rolls sourced in Taiwan and substantially transformed in Mexico into separate and distinct articles of commerce. |
| Current: Filler paper: 4802.57.1000, Free but ineligible or NAFTA treatment, (Uncoated paper and paperboard, of a kind used for writing, printing or other graphic purposes... other than paper of heading 4801 or 4803; hand-made paper and paperboard: Other paper and paperboard not containing fibers obtained by a mechanical or chemi- mechanical process . . . of such fibers: Other, weighing 40 g/m 2 or more but not more than 150 g/m 2 : Writing and cover paper.) Composition notebooks, spiral notebooks and the wireless notebooks: 4820.10.2020, Free and eligible for NAFTA treatment, ( Registers account books, notebooks . . . of paper and paperboard: Registers, account books, notebooks . . . and similar articles: Diaries, notebooks and address books, bound memorandum pads, letter pads and similar articles: Memorandum pads, letter pads and similar articles.) |
| Proposed: Filler paper: 4811.90.9080, Free and eligible or NAFTA treatement, (Paper, paperboard, cellulose wadding and webs of cellulose fibers, coated, impregnated, covered, surface-colored, surface-decorated or printed, in rolls or rectangular (including square) sheets, of any size, other than goods of the kind described in heading 4803, 4809 or 4810: Other paper, paperboard, cellulose wadding and webs of cellulose fibers: Other: Other)Composition notebooks: 4820.10.2030, Free and eligible for NAFTA treatment, (Registers, account books, notebooks, order books, receipt books, letter pads, memorandum pads, diaries and similar articles, exercise books, blotting pads, binders (looseleaf or other), folders, file covers, manifold business forms, interleaved carbon set: Registers, account books, notebooks, order books, receipt books, letter pads, memorandum pads, diaries and similar articles: Diaries, notebooks and address books, bound; memorandum pads, letter pads and similar articles: Sewn composition books with dimension of 152.4–381 mm (6″ - 15″) inclusive (smaller side) x 222.5–381 mm (8.75″ - 15″), inclusive (large side).) Spiral notebooks and the wireless notebooks: 4820.10.2040, Free and eligible for NAFTA treatment, (Registers, account books, notebooks, order books, receipt books, letter pads, memorandum pads, diaries and similar articles, exercise books, blotting pads, binders (looseleaf or other), folders, file covers, manifold business forms, interleaved carbon set: Registers, account books, notebooks, order books, receipt books, letter pads, memorandum pads, diaries and similar articles: Diaries, notebooks and address books, bound; memorandum pads, letter pads and similar articles: Other notebooks with dimension of 152.4–381 mm (6″ - 15″) inclusive (smaller side) x 222.5–381 mm (8.75″ - 15″), inclusive (large side).) |
| Reason: Because they satisfy General Note 12, HTSUSA, and 19 C.F.R. Parts 134 and 102, the filler paper, composition notebooks, spiral notebooks, and wireless notebooks are eligible for preferential tariff treatment under NAFTA, and should be marked as goods of Mexico. |
| Proposed for modification: NY N057699 (2009) |
| Proposed new ruling: HQ H072375 |
Nuts
| Item: Various raw nuts of unspecified origins imported into Canada, where they were roasted and blanched or salted. |
| Current: The nut mixture does qualify for preferential tariff treatment under the NAFTA when imported into the U.S. |
| Proposed: The prepared nut mixture imported from Canada is not eligible for preferential tariff treatment under the NAFTA |
| Reason: Salting is a process incidental to roasting and does not render the product originating, said CBP. Rather, the origin of the product is determined by the origin of the “fresh” state. |
| Proposed for modification: NY E87234, NYF88926, NY H84143, NY H82352, NY R02589, and NY N228118 |
| Proposed new ruling: HQ H243329, HQ H256782, HQ H256783, HQ H256785, HQ H256784, and HQ H256781 |