July 11 CBP Bulletin Proposes to Modify Rulings on Cordierite Pizza Stones, Floor Sinks
In the July 11 Customs Bulletin (Vol. 52, No. 28), CBP published notices that propose to modify rulings and similar treatment for cordierite pizza stones and floor sinks.
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Comments on Proposals Due Aug. 11
CBP said consideration will be given to any written comments received by Aug. 11 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.
Cordierite Pizza Stones
| Item: A 13” round pizza stone made of cordierite. |
| Current: 6912.00.4810, 9.8%, “Ceramic tableware, kitchenware ... other than of porcelain or china: Tableware and kitchenware... Other, Suitable for food or drink contact.” |
| Proposed: 7116.20.4000, 10.5%, “Articles of natural or cultured pearls, precious or semiprecious stones (natural, synthetic or reconstructed): Of precious or semiprecious stones (natural, synthetic or reconstructed): Other ... Other.” |
| Reason: Though cordierite has some ceramic properties, cordierite is designated a semiprecious stone of Chapter 71. General Note 2(c) to Chapter 69 excludes goods of Chapter 71 from classification in Chapter 69 and General Note 1(a) to Chapter 71, HTSUS, provides that all articles wholly or partly of semiprecious stones (natural, synthetic, or reconstructed) are classified in Chapter 71, unless excluded. |
| Proposed for revocation: NY N134696 (2010), NY N021167 (2007) |
| Proposed new ruling: HQ H281863 |
Floor Sinks
| Item: Floor sinks consisting of cast iron basins whose top rims and interior surfaces are coated with porcelain enamel, and whose bases contain apertures covered by aluminum strainers. They are designed for installment directly in floors in kitchens, supermarkets, grocery stores and other “commercial spaces” for the purpose of collecting liquids directed toward them, separating denser material for separate removal, and channeling the collected liquid to the connected drain pipes for disposal. |
| Current: 7326.90.85 of the 2013 and 2014 HTSUS, 2.9%, “Other articles of iron or steel: Other: Other: Other.” |
| Proposed: 7324.90.00, free, “Sanitary ware and parts thereof, of iron and steel: Other, including parts.” |
| Reason: The definition of "sanitary ware” for tariff classification purposes applies to basins, wherever positioned, that collect and facilitate the drainage of organic or inorganic waste for the purpose of preventing the incubation and spread of disease. Sanitary ware of heading 7324 may incorporate components or include accessories made up of “other materials” so long as it “retains the character” of iron or steel. |
| Proposed for revocation: NY N259783 (2014), NY N244050 (2013) |
| Proposed new ruling: HQ H265069 |