June 9, 2010 CBP Bulletin Notices on 15 Proposed Ruling Changes
In the June 9, 2010 issue of the U.S. Customs and Border Protection Bulletin (Vol. 44, No. 24), CBP published notices that propose to modify or revoke 15 rulings regarding the products described below.
Comments on Proposed Changes Due July 9
CBP states that any party who 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 July 9, 2010, the date that written comments on the proposed rulings are due. Furthermore, CBP states that 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 agent for importations subsequent to the effective date of the final decision in this notice.
Proposed Revocations and Modifications
CBP states that these proposed modifications and revocations cover the below rulings, 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.
| Current Ruling1 | Description/Reason | Current HTS/Rate2 | Proposed HTS/Rate |
| NY N014467 (would be revoked) | Aquadoodle wall mat and marker pen to fill with water Correction: Designed for drawing and Ch. 95 note excludes such. Textile mat provides essential character. | 9503.00.0080 free | 6307.90.9889 7% |
| NY A87539, NY 892007 (1 would be revoked, 1 modified) | Hot/cold compresses Correction: Composite good; gel or chemical packs provide essential character. | 3005.90.5090 free | Not provided |
| NY M81919, HQ W968297, NY L81028 (2 would be modified, 1 revoked) | Ammonium Nitrate Cold Compress Pack Correction: Excluded from 3102, as compress in a package not exceeding 10 kg. | 3102.30.0000 free | 3105.10.00 rate not listed |
| NY N027137 (would be revoked) | Pet training pads of textile, paper Correction: Composite household product, with paper providing essential character | 6307.90.9889 7% | 4818.90.0000 free |
| NY N044081 (would be modified) | Donepezil Hydrochloride Correction: Considered an inhibitor used to improve cognitive function in Alzheimer’s disease | 2933.39.3100 free | 2933.39.41 free |
| NY H80677 (would be modified) | Tool kits (screwdriver bits, handle, adapter, and holder) Correction: A GRI 3(b) set for adjusting fasteners; screwdriver bits determine essential character | 8205.40.0000 6.2% | 8207.90.60 4.3% |
| NY N055503 (would be revoked) | Demy Digital Recipe Reader with adaptor and USB cable Correction: A GRI 3(b) set with recipes, ingredient listing, that performs dictionary- like functions | 8543.70.9650 2.6% | 8543.70.9250 free |
| NY I83699, NY I80641 (1 would be modified, 1 revoked | Masonry Anchors Correction: Composite goods—with base metal component weighing the most determining classification | 7317.00.7500 0.5% | 7806.00.8000 3%, or 7907.00.6000 3% |
| HQ 967654, NY N021595, NY N027455, NY M87766, NY R01333, NY M87765, NY K82586 (all 7 would be revoked) | Inflatable Play Structures Correction: Considered a toy, not exercise equipment, based on physical characteristics, use, price, marketing, and consumer expectation | 9506.99.6080 4% 9506.99.5500 5.3% | 9503.00.000 free |
| NY N047916 (would be revoked) | Soap Dispenser Hand Pump Designed to dispense liquid soap by a piston pump not by pressure. | 8424.20.1000 2.9% | 8424.89.0000 1.8% |
| NY N025129, NY R03851, NY N016275, NY I82366, NY R04997, NY L89010 (all 6 would be revoked) | Beverage Dispensers Correction: Beverage or water container (ceramic or plastic) provides the essential character by holding or storing liquids. | 8481.80.5090 3% | 6912.00.48 9.8% (ceramic) 3926.90.99 5.3% (plastic) |
| HQ 966618, HQ 950196 (both would be revoked) | Instruments used in the course of measuring while drilling for oil Correction: Machine gathers and transmits geophysical information in oil or gas exploration | 8543.89.96 & 9030.10.00 (parts classified separately, no rates given) 9031.80.00 4.9% | 9015.80.80 free |
| NY N018675, NY N088150, NY N037030 (1 would be modified, 2 revoked) | High Definition Multimedia Interface (HDMI) Cables Cables for telecommunication between electronic devices | 8544.42.9000 2.6% | 8544.42.20 free |
| NY N023143 (would be revoked) | Sky Ball Catch Set (plastic paddles and a plastic ball) Correction. Set is of flimsy construction, fostering little athletic skills, more for amusement | 9506.99.6080 4% | 9503.00.00 free |
| NY N048904 (would be revoked) | “My Mass Kit” (toy and case designed to teach and keep children entertained during Catholic Mass Considered a set under GRI 3(b) with the essential character of toys | 9503.00.0080 free case: 4202.12.8030 17.6% | 9503.00.0080 free |
1The Bulletin also lists the ruling numbers for the proposed rulings
2Most of the tariff numbers and duty rates listed in the "Current HTS/Rate" column are from the original ruling listed in the Bulletin.