April 29 CBP Bulletin Proposes to Revoke Rulings on Metal Lunch Boxes
In the April 29 Customs Bulletin (Vol. 54, No. 16), CBP published notices that propose to revoke rulings and similar treatment for metal lunch boxes.
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Comments on Proposals Due May 29
CBP said consideration will be given to any written comments received by May 29 before taking this action. In addition, any party that 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.
Metal Lunch Boxes
| Item: Metal lunch boxes |
| Current: 7326.90.1000, Free, “Other articles of iron or steel: Other: Of tinplate.” |
| Proposed: 4202.19.0000, 20%, “[t]runks, suitcases, vanity cases, attache cases, briefcases school satchels and similar containers: Other.” |
| Reason: CBP erroneously applied Explanatory Notes language that excluded “tool boxes, not specially shaped or internally fitted for their tools” from heading 4202. “We do not believe this EN language should have been applied to lunch boxes,” it said. |
| Proposed for revocation: HQ 965555, dated August 12, 2002; HQ 967931, dated April 21, 2006; HQ 966836, dated April 1, 2004; HQ 965554, dated August 12, 2002; HQ 963339, dated April 19, 2002; HQ 965063, dated April 12, 2002; HQ 963647, dated April 12, 2002; NY H88277, dated April 26, 2002; NY N150496, dated March 18, 2011; NY N104149, May 20, 2010; NY I82546, dated June 7, 2002 |
| Proposed for modification: HQ 963670, dated April 12, 2002, and HQ 963539, dated April 12, 2002 |
| Proposed new ruling: HQ H275864 |