Aug. 2 CBP Bulletin Proposes to Revoke, Modify Rulings on Lawn Mower Tires, Imitation Wicker Chairs
In the Aug. 2 Customs Bulletin (Vol. 51, No. 31), CBP published notices that propose to revoke or modify rulings and similar treatment for lawn mower tires and imitation wicker chairs.
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Comments on Proposals Due Sept. 1
CBP said consideration will be given to any written comments received by Sept. 1 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.
Lawn Mower Tires
| Item: Tires for lawn mowers. |
| Current: 4011.99.85, 3.4%, “New pneumatic tires, of rubber: Other: Other: Other.” |
| Proposed: 9817.00.60, Free, “Parts to be used in articles provided for in headings 8432, 8433, 8434 and 8436, whether or not such parts are principally used as parts of such articles and whether or not covered by a specific provision within the meaning of additional U.S. rule of interpretation 1(c).” |
| Reason: The tires meet the requirements for the special duty provision of subheading 9817.00.60, as parts of a machine of heading 8433. |
| Proposed for revocation: HQ H156538 (2012) |
| Proposed new ruling: HQ H264768 |
Imitation Wicker Chairs With Metal Frames
| Item: Metal chairs covered with plastic wicker. |
| Current: 9401.50.00, 7.5%, “Seats of cane, osier, bamboo or similar materials.” |
| Proposed: 9401.79.00, Free, “Seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: Other seats, with metal frames: Other.” |
| Reason: The "wicker" is made of plastic and a chair with a frame of metal and backs or seats of plastic is not classified in subheading 9401.5, CBP said. Instead, a chair with a metal frame and a seat or back of plastic is provided for in subheading 9401.7. The chairs, as non-upholstered chairs with metal frames covered in plastic, fall within subheading 9401.79. |
| Proposed for modification: HQ 952032 (1992), NY N050095 (2009), NY N125879 (2009) |
| Proposed new ruling: HQ H192520 |