Aug. 5 CBP Bulletin Proposes to Revoke Rulings on Hand Sanitizer, Disposable Bibs
In the Aug. 5 Customs Bulletin (Vol. 54, No. 30), CBP published notices that propose to revoke rulings and similar treatment for hand sanitizer and disposable bibs, changing pads and potty toppers.
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Comments on Proposals Due Sept. 4
CBP said consideration will be given to any written comments received by Sept. 4 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.
Hand Sanitizer
| Item: Alcohol-based hand sanitizers |
| Current: 3824.99.92, 5%, “Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other.” |
| Proposed: 3808.94.50, 5%, “Insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packing for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Other: Disinfectants: Other.” |
| Reason: Heading 3808 specifically provides for disinfectants. Alcohol in sufficient concentration destroys or irreversibly inactivates undesirable bacteria, viruses or other micro-organisms. All of the hand sanitizers contain significant amounts of alcohol, usually ethyl alcohol. Additionally, in accordance with Section VI note 2, disinfectants put up for retail sale are to only be classified in heading 3808 and in no other heading of the tariff schedule. |
| Proposed for revocation: NY N311037, dated April 7, 2020; NY N304365, dated May 21, 2019; NY N303248, dated March 16, 2019; NY N242763 dated, July 3, 2013; NY N233860, dated Nov. 6, 2012; NY N032988 dated, Aug., 8, 2008; and NY L89057, dated Jan. 2, 2006 |
| Proposed new ruling: HQ H310592 |
Disposable Bibs, Changing Pads and Potty Toppers
| Item: Sets containing disposable bibs, disposable potty toppers, and disposable changing pads, constructed of a top layer of 24 grams per square meter (gsm) of polypropylene, a middle layer of 27 gsm of paper, and an outer plastic layer of 25 gsm polyethylene |
| Current: 9619.00.11, free, “Sanitary towels (pads) and tampons, diapers and diaper liners for babies and similar articles, of any material: Of paper pulp.” |
| Proposed: 4818.50.00, free, “as articles of apparel and clothing accessories of paper pulp, paper, cellulous wading or webs of cellulose fibers”; and 4818.90.00, free, “as other articles of paper pulp, paper, cellulous wading or webs of cellulose fibers.” |
| Reason: Articles of heading 9619 absorb bodily fluids and fit snuggly to the human body. The disposable bibs, potty toppers and changing pads lack a snug fit, and aren't designed to absorb large amounts of bodily fluids. The bibs, potty toppers and changing pads are composite goods composed of three different materials. Paper comprises the highest percentage by weight and the absorption it provides contributes the most important role in relation to the use of the goods |
| Proposed for revocation: NY N243080, dated Dec. 19, 2013; and NY N256859, dated Sept. 26, 2014 |
| Proposed new ruling: HQ H291001 |