April 24 CBP Bulletin Proposes to Revoke, Modify Rulings on Fence Post Bracket Assemblies, Sofas
In the April 24 Customs Bulletin (Vol. 53, No. 12), CBP published notices that propose to revoke or modify rulings and similar treatment for wood fence post assemblies and reclining sofas.
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Comments on Proposals Due May 24
CBP said consideration will be given to any written comments received by May 24 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.
Wooden Fence Post Assembly
| Item: Wood fence post bracket assembly, made of steel |
| Current: 7326.90.8587, 2.9%, “Other articles of iron or steel, other.” |
| Proposed: 7318.15.5090, Free, “Screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles. Of iron or steel: Threaded articles: Other screws and bolts, whether or not with the nuts or washers: Studs: Other: Other.” |
| Reason: CBP regards the stud with locknut and the bobbin to be equally essential to the use of the article. As a result, the classification is based on "the heading that occurs last in numerical order among those which equally merit consideration," CBP said. |
| Proposed for revocation: NY L83439 (2005) |
| Proposed new ruling: HQ H268650 |
Reclining Sofas
| Item: A wood framed reclining sofa |
| Current: 9401.61.4011, Free, “Seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: Other seats, with wooden frames: Upholstered: Chairs: Other; Other household." |
| Proposed: 9401.61.6011, Free, "Seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: Other seats, with wooden frames: Upholstered: Other: Other household.” |
| Reason: The sofa can accommodate seating for more than one person. |
| Proposed for modification: NY N289071 (2017) |
| Proposed new ruling: HQ H290176 |