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June 17 CBP Bulletin Proposes to Revoke Ruling on Food Mills, Lubricant

In the June 17 Customs Bulletin (Vol. 54, No. 23), CBP published notices that propose to revoke rulings and similar treatment for battery-operated food mills and mineral oil-based lubricants.

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Comments on Proposals Due July 17

CBP said consideration will be given to any written comments received by July 17 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.

Food Mills

Item: Electric salt and pepper grinders
Current: 8210.00.000, 3.7%, “Hand-operated mechanical appliances, weighing 10 kg or less, used in the preparation, conditioning or serving of food or drink.”
Proposed: 8509.40.00, 4.2%, “[E]lectromechanical domestic appliances, with self-contained electric motor, other than vacuum cleaners of heading 8508; parts thereof: Food grinders, processors and mixers; fruit or vegetable juice extractors.”
Reason: The grinders are not hand-operated.
Proposed for revocation: NY N254846, dated July 9, 2014 and NY N254844, dated July 22, 2014
Proposed new ruling: HQ H257788

Mineral Oil-based Lubricant

Item: A universal high-performance grease developed for friction points subject to high loads and mixed friction conditions
Current: 2710.19.4000, 1.3 cents per kilogram plus 5.7%, “Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70 percent or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils: Petroleum oils and oils obtained from bituminous minerals (other than crude) and preparations not elsewhere specified or included, containing by weight 70 percent or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations, other than those containing biodiesel and other than waste oils: ... Lubricating oils and greases, with or without additives: Greases: Other.”
Proposed: 2710.19.3500, 5.8%, “Other: Lubricating oils and greases, with or without additives: Greases: Containing not over 10 percent by weight of salts or fatty acids of animal (including marine animal) or vegetable origin.”
Reason: The lubricant contains no animal or plant-based components, nor salts of fatty acids of animal or vegetable origin.
Proposed for modification: N237898, dated February 28, 2013
Proposed new ruling: HQ H289346