Oct. 30 CBP Bulletin Proposes to Modify Rulings on Asian Dumplings, Stethoscope Covers
In the Oct. 30 Customs Bulletin (Vol. 53, No. 39), CBP published notices that propose to revoke or modify rulings and similar treatment for Asian dumplings and stethoscope covers.
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Comments on Proposals Due Nov. 29
CBP said consideration will be given to any written comments received by Nov. 29 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.
Asian Dumplings
| Item: Multiple types of Asian dumplings |
| Current: Heading 1602, "Other prepared or preserved meat,” or Heading 1605, "Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved." |
| Proposed: 1902.20.00, 6.4% “Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagna, gnocchi, ravioli, cannelloni...: Stuffed pasta, whether or not cooked or otherwise prepared.” |
| Reason: The Chapters 16 and 19 Explanatory Notes say "that stuffed pasta is always classified in heading 1902, HTSUS, regardless of the meat’s weight." |
| Proposed for modification: HQ 086283 (1990), NY M86459 (2006), NY N100268 (2010), NY 810007 (1995), NY N303010 (2019) |
| Proposed new ruling: HQ H199095 |
Stethoscope Covers
| Item: A type of stethoscope cover without an antimicrobial agent. |
| Current: 9018.90.8000, Free, “instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments; parts and accessories thereof: Other instruments and appliances and parts and accessories thereof: Other: Other.” |
| Proposed: 3926.90.99, 5.3%, “[O]ther articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other. |
| Reason: "The stethoscope caps are described as providing a barrier to prevent contamination of a stethoscope," said CBP. "As such, they do not directly add to or enhance a stethoscope’s function of detecting sounds in the body. Therefore, the subject stethoscope covers do not rise to the level of an accessory of a medical instrument or appliance of heading 9018." |
| Proposed for modification: HQ 967233 (2005) |
| Proposed new ruling: HQ H304940 |