June 7 CBP Bulletin Proposes to Revoke, Modify Rulings on Name Badge Kits, Earthmover Tires
In the June 7 issue of the CBP Customs Bulletin (Vol. 51, No. 23) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for name badge components and earthmover tires.
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Comments on Proposals Due July 7
CBP said consideration will be given to any written comments received by July 7 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.
Name Badge Kits
| Item: Name badge kits for creating professional name tags, containing a test sheet, non-adhesive peel-off transparent and paper label sheets, name plates of aluminum or steel, plastic protective lens covers, a rectangular rare earth magnets made of metal and a CD-ROM with software. |
| Current: In sets under heading 8505 for magnets. |
| Proposed: Separately in headings 4821, 7616, 7326, 3926, 8505 and 8523. |
| Reason: The name badge components are not put up in sets for retail sale because they are sold before they are “put up in a manner suitable for sale directly to users without repacking." |
| Proposed for revocation: HQ H217623 (2012) |
| Proposed for modification: HQ 562821 (2003) |
| Proposed new ruling: HQ H269117 |
Earthmover Tires
| Item: Three models of earthmover tires marked on the sidewall with the TRA code E4 and the size designations 24.00R25, 18.00R25 and 18.00R33, respectively. All three models are designed for off-road use, including in quarries. |
| Current: 4011.20.10, 4%, “New pneumatic tires of rubber: Of a kind used on buses or trucks: Radial." |
| Proposed: 4011.94.40, defunct (formerly 4%), “New pneumatic tires, of rubber: Other: Of a kind used on construction or industrial handling vehicles and having a rim size exceeding 61 cm: Radial” |
| Reason: Because the tires are used primarily in off-road conditions in mines and quarries, they are not of a class or kind used on trucks. |
| Proposed for modification: NY I86839 (2002), NY I85323 (2002) |
| Proposed new ruling: HQ H272344 |