Oct. 28 CBP Bulletin Proposes to Revoke Rulings on Piggy Banks, Instant Chai Teas
In the Oct. 28 Customs Bulletin (Vol. 54, No. 42), CBP published notices that propose to revoke rulings and similar treatment for piggy banks and instant chai teas.
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Comments on Proposals Due Nov. 27
CBP said consideration will be given to any written comments received by Nov. 27 before taking these actions. 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.
Piggy Banks
| Item: Banks for children in the form of various animals, objects or characters |
| Current: Heading 9503, free, “Other Toys.” |
| Proposed: 3924.90.56, 3.4%, “Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Other: Other.” |
| Reason: Where merchandise might have another purpose in addition to providing amusement, the primary purpose of the item must be its amusement value for it to be classified as a toy. These banks serve a utilitarian purpose, and if they provide any amusement, it is incidental to the utilitarian purpose. |
| Proposed for revocation: NY I87269, dated Oct. 11, 2002; NY D84404, dated Dec. 2, 1998; NY 816190, dated Oct. 31, 1995; NY N005466, dated Jan. 26 2007; NY C85171, dated April 2, 1998; NY L86796, dated Aug. 5, 2005; and NY L82296, dated Feb. 22, 2005 |
| Proposed new ruling: HQ H268403 |
Instant Chai Teas
| Item: An instant chai tea with three ingredients which are non-originating: matcha green tea from Japan, classified under subheading 0902.10.10; pectin from China or Spain, classified under subheading 1302.20.00; and tara gum from Peru, classified under subheading 1302.20.00, |
| Current: Classified under subheading 2101.20.54, and not eligible for preferential treatment under NAFTA |
| Proposed: Classified under subheading 2101.20.58, and eligible for preferential tariff treatment under NAFTA |
| Reason: Products of Mexico may not be classified under subheading 2101.20.54. The non-originating ingredients undergo the required tariff shift from any other chapter to chapter 21. |
| Proposed for modification: NY N306886, dated Nov. 18, 2019 |
| Proposed new ruling: HQ H312440 |