Aug. 4 CBP Bulletin Proposes to Revoke Rulings on Refrigerator Gaskets, Costume Accessory Sets
In the Aug. 4 Customs Bulletin (Vol. 55, No. 30), CBP published a proposal to revoke rulings on refrigerator gaskets and costume accessory sets.
Comments on Proposals Due Sept. 3
CBP said consideration will be given to any written comments received by Sept. 3 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.
Refrigerator Gaskets
| Item: A door gasket. The gasket is a composite good that is described as a door seal. The article can be used in door applications, such as residential and commercial refrigerator door. The door gasket consists of an outer PVC material and has a flexible band insert. The polymer material allows the gasket to function as a seal and the magnetic insert allows the gasket to be affixed to a metal surface. |
| Current: 8505.19.2000, 4.9%, “Electromagnets; permanent magnets and articles intended to become permanent magnets after magnetization; electromagnetic or permanent magnet chucks, clamps and similar holding devices; electromagnetic couplings, clutches and brakes; electromagnetic lifting heads; composite good containing flexible magnet.” |
| Proposed: 8418.99.80, Free, “Refrigerators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps, other than the air conditioning machines of heading 8415; parts thereof: Parts: Other: Other.” |
| Reason: The gaskets at issue are designed to be attached to a refrigerator door inasmuch as the magnet component and PVC strip are combined, and the combination is cut to specified size and shape and is ready for attachment to a specific model of refrigerator door. The gasket acts as a seal between the refrigerator door and the cabinet. In addition to holding the door shut, the magnet also provides some door-closing force for the door. Each imported gasket is dedicated solely for use with a specific refrigerator door and plays an integral role in containing cooled air inside a refrigerator cabinet. Therefore, we find that the gaskets at issue are suitable for sole or principal use with refrigerators of heading 8414 |
| Proposed for revocation: NY N300351, dated Sept. 26, 2018 |
| Proposed new ruling: HQ H301861 |
Costume Accessory Sets
| Item: Power Ranger costume accessory sets |
| Current: 9505.90.6000, Free, “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other.” |
| Proposed: 6406.90.15, 14.9%, Parts of footwear (including uppers whether or not attached to soles other than outer soles); removable insoles, heel cushions and similar articles; gaiters, leggings and similar articles, and parts thereof: Other: Of other materials: Of textile materials.” |
| Reason: It is evident that the role of the leg coverings and gloves are essentially equivalent, i.e., creating the appearance of a “Power Ranger” character for the wearer. Considering the merchandise as a whole, neither of these goods imparts the essential character to the set. |
| Proposed for revocation: NY M82946, dated May 3, 2006 |
| Proposed new ruling: HQ H239480 |