April 12 CBP Bulletin Proposes to Revoke Rulings on Flower Leis, Wafer Catalysts
In the April 12 issue of the CBP Customs Bulletin (Vol. 51, No. 15) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for polyester flower leis and wafer catalysts.
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Comments on Proposals Due May 12
CBP said consideration will be given to any written comments received by May 12 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.
Polyester Flower Leis
| Item: Artificial floral leis worn over the neck. The flowers are on a string and are separated by clear plastic tubes. |
| Current: 7117.90.9000, 11%, “Imitation jewelry: Other: Other: Valued over 20 cents per dozen pieces or parts: Other: Other." |
| Proposed: 6702.90.3500, 9%, “Artificial flowers, foliage and fruit and parts thereof; articles made of artificial flowers, foliage or fruit: Of other materials: Other: Of man-made fibers." |
| Reason: The polyester flower lei is made of textile materials. It is assembled by connecting the flowers with a string and spacing them using clear plastic tubes. Therefore, the polyester flower leis are classified under heading 6207. |
| Proposed for revocation: NY N048019 (2009), NY N245539 (2013), and NY N247373 (2013). |
| Proposed new ruling: HQ H251022 |
Wafer Catalysts
| Item: A fiber alloy of precious metals sintered onto a gauze wafer, which is used in the production of nitric acid. |
| Current: 3815.12.0000, Free, “reaction initiators, reaction accelerators and catalytic preparations, not elsewhere specified or included: supported catalysts: with precious metal or precious metal compounds as the active substance." |
| Proposed: 7115.90.60, 4%, “Other articles of precious metal or of metal clad with precious metal: Other: Other: Other... ." |
| Reason: Because the metal alloys are not supported by a substrate and tare comprised of precious metal," we find that they are properly classified under Heading 7115," CBP said. |
| Proposed for revocation: NY N244307 (2013) |
| Proposed new ruling: HQ H249645 |