CBP regularly revokes and modifies classification rulings on a wide range of products. Before any revocation or modification can be finalised, CBP must first issue a notice proposing such action and accept public comments for 60 days. Following are recent notices that may be of interest to Hong Kong and/or mainland Chinese exporters.
Product: Certain knives.
Nature of Notice: Proposal to revoke admissibility rulings.
Link:(http://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2009/vol43_05222009_no21/)
Summary: CBP is proposing to revoke Headquarters Ruling Letters 116315, W116730, H016666 and H032255, which determined that certain knives with spring- or release-assisted opening mechanisms were admissible for importation into the United States. Upon further review, CBP believes that these knives are switchblade knives prohibited from entry into the U.S. pursuant to the Switchblade Act (U.S. Code Chapter 15, Sections 1241-1245). Interested parties may submit comments to CBP on this proposed revocation by 21 June.
Product: Wall banners and pennants.
Nature of Notice: Revocation of tariff classification ruling, effective 21 July 2009.
Current Classification: HTSUS subheading 6307.90.85.
New Classification: HTSUS subheading 6307.90.98.
Link:(http://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2009/vol43_05222009_no21/)
Summary: CBP has revoked New York Ruling Letter K86053, dated 14 May 2004, which classified certain wall banners and pennants made from 70 percent wool and 30 percent acrylic felt as wall banners of man-made fibres under HTSUS 6307.90.85 (5.8 percent duty). Upon further review, CBP acknowledges that the fact that these items are made predominantly from wool precludes their classification under HTSUS 6307.90.85. Accordingly, the subject wall banners and pennants will be classified as other textile made-ups under HTSUS 6307.90.98 (seven percent duty).
Product: Catalytic converter ceramic substrates.
Nature of Notice: Revocation of tariff classification rulings, effective 21 July 2009.
Current Classification: HTSUS subheadings 6909.19.5095 and 8708.99.50.
New Classification: HTSUS subheading 6909.11 or 6909.12.
Link:(http://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2009/vol43_05222009_no21/)
Summary: CBP has revoked NY Ruling Letter N013892 and HQ Ruling Letter 954365 pertaining to the classification of a catalytic converter ceramic substrate suitable for use solely with a motor vehicle for exhaust gas purification purposes. NY N013892 classified this item as a miscellaneous ceramic ware under HTSUS 6909.19.5095 (four percent duty) while HQ 954365 classified a similar item as a motor vehicle part under HTSUS 8708.99.50. Upon further review, CBP determined that the subject merchandise should be classified as a ceramic ware for laboratory, chemical or other technical uses under heading 6909. The item will be classified either under HTSUS 6909.11.20 (duty-free) if it does not have a hardness equivalent to nine or more on the Mohs scale, or under HTSUS 6909.12.00 (four percent duty) if it has a hardness equivalent to nine or more on the Mohs scale.
Product: Greenhouse tunnels.
Nature of Notice: Revocation of tariff classification ruling, effective 21 July 2009.
Current Classification: HTSUS subheading 6306.22.9030.
New Classification: HTSUS subheading 3920.10.00.
Link:(http://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2009/vol43_05222009_no21/)
Summary: CBP has revoked HQ Ruling Letter H011657, dated 18 April 2008, which classified two polyethene greenhouse tunnels as textile tents under HTSUS 6306.22.9030 (8.8 percent duty). Upon further review, CBP determined that the polyethene used in these greenhouses is not a textile material and will classify the merchandise under HTSUS 3920.10.00 (4.2 percent duty). In addition, CBP notes that these items are eligible for duty-free treatment under HTSUS 9817.00.50, provided they are used for agricultural or horticultural purposes.
Product: Semi-precious gemstones.
Nature of Notice: Proposal to revoke tariff classification ruling.
Current Classification: HTSUS subheading 7103.99.10.
Proposed Classification: HTSUS subheading 7103.99.50.
Link:(http://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2009/vol43_05222009_no21/)
Summary: CBP is proposing to revoke HQ Ruling Letter 951866, dated 21 August 1992, which classified certain tumbled semi-precious gemstones as gemstones cut but not set and suitable for use in jewellery manufacture under HTSUS 7103.99.10 (duty-free). Upon further review, CBP believes that these gemstones are more appropriately classified as gemstones otherwise worked under HTSUS 7103.99.50 (10.5 percent duty). Interested parties may submit comments to CBP on this proposed revocation by 21 June. CBP states that these gemstones are precluded from classification in subheading 7103.99.10 because, although they were subject to a polishing process known as "tumbling", they were not cut.
Product: Light sculptures.
Nature of Notice: Revocation of tariff classification rulings, effective 28 July 2009.
Current Classification: HTSUS subheading 9405.40.60.
New Classification: HTSUS subheading 9505.10.25.
Link:(http://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2009/vol43_05292009_no22/)
Summary: CBP has revoked NY Ruling Letters N011802 and N012101, which classified certain framed decorative light sculptures in the shapes of snowmen, reindeer and angels as other electric lamps and lighting fittings of base metal under HTSUS 9405.40.60 (six percent duty). Upon further review, CBP believes that these items are more appropriately classified as other Christmas ornaments under HTSUS 9505.10.25 (duty-free).
Product: Ski and ski pole carriers.
Nature of Notice: Proposal to revoke tariff classification ruling.
Current Classification: HTSUS subheading 9506.19.8080.
Proposed Classification: HTSUS subheading 8479.89.98.
Link:(http://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2009/vol43_05292009_no22/)
Summary: CBP is proposing to revoke NY Ruling Letter N006891, dated 15 February 2007, which classified a ski and ski pole carrier as ski equipment under HTSUS 9506.19.8080 (2.8 percent duty). The carrier consists of two tough and flexible holding members that contain a soft inner lining to protect skis from abrasion, a proprietary alloy ring for the attachment of shoulder strap clasps and a micro-adjustable ratcheting closure system that allows for maximum tightening with minimal effort. Upon further review, CBP believes that this item is a type of machine that meets the provisions of heading 8479 and proposes to classify it under HTSUS 8479.89.98 (2.5 percent duty). Interested parties may submit comments to CBP on this proposed revocation by 29 June.
Product: Power amplifiers.
Nature of Notice: Revocation of tariff classification ruling, effective 28 July 2009.
Current Classification: HTSUS subheading 8543.89.9760.
New Classification: HTSUS subheading 8517.62.0050.
Link:(http://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2009/vol43_05292009_no22/)
Summary: CBP has revoked NY Ruling Letter R04974, dated 23 October 2006, which classified a radio frequency power amplifier designed to be installed into certain cellular phones under HTSUS 8543.89.9760 (2.6 percent duty). Upon further review, CBP determined that the amplifier at hand is more appropriately classified as an electrical apparatus of heading 8517, specifically HTSUS 8517.62.0050 (duty-free).
Product: Burial caskets.
Nature of Notice: Revocation of country of origin marking ruling, effective 28 July 2009.
Link:(http://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2009/vol43_05292009_no22/)
Summary: CBP has revoked NY Ruling Letter N013043, dated 12 July 2007, which determined that marking an imported burial casket with the country of origin "Made in China" near the centre of the bottom panel using permanent ink was conspicuous in satisfaction of U.S. marking requirements. Upon further review, CBP believes the position of the country of origin marking is not conspicuous because it renders the marking difficult to locate and read without strain. CBP notes that, in this particular case, use of a pressure-sensitive label or a hangtag affixed in a conspicuous place on the casket would be sufficiently permanent to meet U.S. marking requirements.
Product: Diethyl-4-toluenesulfonyloxmethyl phosphate
Nature of Notice: Proposal to modify tariff classification ruling.
Current Classification: HTSUS subheading 2930.90.29.
Proposed Classification: HTSUS subheading 2931.00.30.
Link:(http://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2009/vol43_05292009_no22/)
Summary: CBP is proposing to modify NY Ruling Letter J83633, dated 12 June 2003, which classified diethyl-4-toluenesulfonyloxmethyl phosphate, an aromatic chemical compound used as a pharmaceutical intermediate, as an organo-sulphur compound under HTSUS 2930.90.29 (6.5 percent duty). Upon further review, CBP believes that the subject chemical compound is included in more than one heading because it contains esters of inorganic acids of heading 2920, organo-sulphur of heading 2930 and organo-phosphorous of heading 2931. The merchandise must therefore be classified in the heading that occurs last in numerical order. Accordingly, CBP proposes to classify this chemical as an organo-inorganic compound under HTSUS 2931.00.30 (duty-free). Interested parties may submit comments to CBP on this proposed revocation by 29 June.
