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Nov. 9 CBP Bulletin Proposes to Revoke Rulings on Water Dispensers, Plush Figures

In the Nov. 9 issue of the CBP Customs Bulletin (Vol. 50, No. 45) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for the classification of water dispensers and plush figures

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Comments on Proposals Due Dec. 9

CBP said consideration will be given to any written comments received by Dec. 9 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.

Plastic Water Dispensers

Item: A mini dispenser with a base and an inverted water bottle that replicates in miniature a typical bottled water dispenser.
Current: 3926.90.99, 5.3%, “Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other."
Proposed: 3924.10.4000, 3.5%, “Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Tableware and kitchenware: Other.”
Reason: CBP has previously treated plastic beverage and food dispensers consisting of containers set upon stationary bases as tableware for purposes of heading 3924, it said.
Proposed for revocation: HQ H044957 (2011), HQ H044959 (2011), HQ H058924 (2011)
Proposed new ruling: HQ H278188

Plush Figures

Item: Plush, decorative Mickey and Minnie Mouse figures.
Current: 6307.90.9889, 7%, “Other made up textile articles, including dress patterns: Other: Other: Other: Other: Other."
Proposed: 9503.00.0090, Free, “Tricycles, scooters, pedal cars and similar wheeled toys; dolls’ carriages; dolls, other toys; reduced scale ('scale') models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof: Other."
Reason: CBP found the plush figures met the requirements for classification as a toy, which are excluded from classification in heading 6307.
Proposed for revocation: NY N264243 (2015)
Proposed new ruling: HQ H275175