Feb. 27 CBP Bulletin Revokes Rulings on Insulating Materials, Polyethylene
In the Feb. 27 issue of the U.S. Customs and Border Protection Bulletin (Vol. 47, No. 10), CBP published two notices of revocation of rulings and treatment regarding the tariff classification of insulating mineral materials and polyethylene.
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Revocations Are Effective April 29
CBP is revoking these rulings, as well as any treatment CBP previously accorded to substantially identical transactions, effective for merchandise entered or withdrawn from warehouse for consumption on or after April 29
Insulating Materials
| Item: Insulating Mineral Materials. An article of insulating mineral materials used in a gas turbine engine to protect the rear turbine support hub from excessive heat produced by the turbine. Ceramic fiber (mineral wool) pads encapsulated in one-inch woven textile squares covered with an outer cladding of stainless steel. |
| New Ruling: HQ H146056 (dated 01/16/13), revokes NY N125656 (2010) |
| Old HTS/Rate: 6806.10.10, 3.9% (Slag wool, rock wool and similar mineral wools (including intermixtures thereof) in bulk, sheets or rolls.) |
| New HTS/Rate: 6806.90.00, Free (Slag wool, rock wool and similar mineral wools …: Other.) |
| Reason: CBP found laboratory analysis of the article reveals that the mineral insulating fibers (mineral wool) predominate in the article, and the mineral insulating fibers are indispensable to the primary use and purpose of the article, which is to protect a rear turbine support hub from excessive heat produced by the turbine. The previous classification requires that the mineral wool be imported in bulk, sheets, or rolls. CBP now finds article is in the shape of a ring with a large hole in its middle and thus can't be described as a "sheet." |
(See ITT's Online Archives 12080152 for summary of the proposed revocation of this ruling.)
Ultralube D-806
| Item: Ultralube D-806. A linear low density polyethylene, consisting of a mixture of 50% linear low density Polyethylene, 40% Water, 6% Oxidized Polyethylene, 4% Ethoxylated alcohols. It's described by the manufacturer as being used as a polish, straight out of the container, by Chinese leather manufacturers who use the material for the Bianchini effect of toning (a whitening effect) the look of the leather and for soft feel properties. |
| New Ruling: HQ H080820 (dated 01/16/13), revokes NY N063739 (2009) |
| Old HTS/Rate: 3901.10.5010, 6.5% (Polymers of ethylene, in primary forms: Polyethylene having a specific gravity of less than 0.94: Other.) |
| New HTS/Rate: 3901.20.10, 6.5% (Polymers of ethylene, in primary forms: Polyethylene having a specific gravity of 0.94 or greater: Having a relative viscosity of 1.44 or more.) |
| Reason: CBP previously described the product as a wax additive used in aqueous coatings such as water based printing inks to improve the surface qualities of the coating, ink and lacquers. Keim-Additec Surface challenged the description saying it was better described as a "polish." CBP disagreed, saying "the product is sold in large volumes (120 kg drums and1000 kg intermediate bulk containers), which, along with statements in the product data sheets, show that the product is added directly to the formulation of other products during a manufacturing process, rather than used straight out of the container as a leather polish, as you suggest." CBP did change the classification based on viscosity calculations using a Material Safety Data Sheet submitted by Keim-Additec, finding a relative viscosity over 1.44, it said. |
(See ITT's Online Archives 12080152 for summary of the proposed revocation of this ruling.)