July 29 CBP Bulletin Proposes to Revoke, Modify Rulings on Necklaces, Heat Shrink Tubing
In the July 29 issue of the CBP Customs Bulletin (Vol. 49, No. 30) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for the tariff classification of necklaces and plastic heat shrink tubing.
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Comments on Proposals Due Aug. 28
CBP said consideration will be given to any written comments received by Aug. 28 before taking this action. In addition, 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 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.
Textile and Plastic Necklaces
| Item: A textile necklace made of woven nylon fabric surrounding a silicone/plastic core with a plastic clasp and two silicone stations. |
| Current: 6217.10.953, 14.6%, (Other made up clothing accessories; parts of garments...Accessories: Other: Other: Of man-made fibers.) |
| Proposed: 7117.90.75, Free, (Imitation jewelry: Other: Other: Valued over twenty cents per dozen pieces or parts: Other: Of plastics.) |
| Reason: The plastic components weigh more and cost more than the textile components. The plastic components provide shape and structure to the necklace. The plastic components are both decorative and functional, while the textile component is only decorative. The plastic components impart the essential character. |
| Proposed for revocation: NY N022480 (2008) |
| Proposed for modification: NY N059109 (2009) |
| Proposed new ruling: HQ H257790 |
Shrink Tubing
| Item: A 50-foot length of polyethylene tubing that is used for insulating electrical conductor. |
| Current: 8546.90.0000, Free, (Electrical insulators of any material: Other.) |
| Proposed: 3926.90.99, 5.3%, (Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other.) |
| Reason: CBP has previously classified substantially similar merchandise in heading 3926. |
| Proposed for revocation: NY 843391 (1989) |
| Proposed for modification: NY H80297 (2001) |
| Proposed new ruling: HQ H118307 |