April 12 CBP Bulletin Proposes to Revoke Rulings on Glass Bead Lanyard, Cartridge for Ear Piercing Gun
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 a lanyard of glass beads and a cartridge for an ear piercing gun.
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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.
Glass Bead Lanyard
| Item: A glass bead necklace, pink in color, 35 inches long and featuring a clear plastic name badge holder measuring 4 inches by 5 inches. |
| Current: 7018.10.50, 1.9%, “Glass beads, imitation pearls, imitation precious or semiprecious stones and similar glass smallwares and articles thereof other than imitation jewelry: Glass beads, imitation pearls, imitation precious or semiprecious stones and similar glass smallwares: Other.” |
| Proposed: 7018.90.50, 6.6%, “Glass beads, imitation pearls, imitation precious or semiprecious stones and similar glass smallwares and articles thereof other than imitation jewelry: Other: Other.” |
| Reason: The merchandise does not consist of loose glass beads, but is instead a finished lanyard made of glass beads. CBP has "consistently classified" articles of glass beads in subheading 7018.90.50. |
| Proposed for modification: NY N034500 (2008) |
| Proposed new ruling: HQ H269055 |
Ear Piercing Gun Cartridge
| Item: A plastic cartridge containing a piercing earring and clutch, to be used within an ear-piercing instrument. The back end of the stud is sharpened to a point that enables the earring to pierce through an earlobe without a pre-existing hole. |
| Current: A composite article, classifiable in 7116.20.05, 3.3%, “Articles of natural or cultured pearls, precious or semiprecious stones (natural, synthetic or reconstructed): Of precious or semiprecious stones (natural, synthetic or reconstructed): Articles of jewelry: Valued not over $40 per piece" when imported with a cubic zirconium gemstone, and 7117.19.90, 11%, “Imitation jewelry: Of base metal, whether or not plated with precious metal: Other: Other: Other," when imported with a glass gemstone. |
| Proposed: A set, still classifiable in subheading 7116.20.05 if imported with a cubic zirconium gemstone or subheading 7117.19.90 if imported with a glass or plastic gemstone. |
| Reason: The earring and plastic cartridge to constitute a set under GRI 3(b). The earrings impart the essential character to the set. The plastic cartridge is essentially a storage and delivery mechanism for the earring, which is the more valuable component, and the reason for purchasing the system. |
| Proposed for modification: NY N261965 (2015) |
| Proposed new rulings: HQ H266006 |