Sept. 26 CBP Bulletin Proposes to Revoke Rulings on Diamond Wire, Fillable Plastic Containers
In the Sept. 26 Customs Bulletin (Vol. 52, No. 39), CBP published notices that propose to revoke rulings and similar treatment for diamond wire and fillable plastic containers.
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Comments on Proposals Due Oct. 26
CBP said consideration will be given to any written comments received by Oct. 26 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.
Diamond Wire
| Item: Diamond wires used with diamond wire saws. They are inserted into them and cut through stone. These saw blades are made of a stainless steel wire interior, rings of synthetic diamond mixed with metallic powder and a plastic coating. |
| Current: 8202.99.0000, Free, “Blades for saws of all kinds (including slitting, slotting or toothless saw blades), and base metal parts thereof: other saw blades, and parts thereof: other (including parts)....” |
| Proposed: 6804.21.0080, Free, “Millstones, grindstones, grinding wheels and the like, without frameworks, for grinding, sharpening, polishing, trueing or cutting, hand sharpening or polishing stones, and parts thereof, of natural stone, of agglomerated natural or artificial abrasives, or of ceramics, with or without parts of other materials: Other millstones, grindstones, grinding wheels and the like: Of agglomerated synthetic or natural diamond: Other.” |
| Reason: The subject diamond wire products are a round-shaped instrument, which is not sharp to the touch and has no cutting teeth, and therefore not a blade. |
| Proposed for revocation: NY 876359 (1992) |
| Proposed new ruling: HQ H277235 |
Plastic Fillable Containers
| Item: Plastic egg-shaped containers that can be filled with small novelty items or confectionary. |
| Current: 3924.90.5600, 3.4%, "Other household articles ... of plastics: other: other." |
| Proposed: 3926.40.00, 9.6%, “Other articles of plastics and articles of other materials of headings 3901 to 3914: Statuettes and other ornamental articles.” |
| Reason: The fillable containers are designed to facilitate the consumer’s personal transportation and storage of candy, and other small food or non-food items, and are usable at home, in a car, in an office, in a garden, and in a variety of other locations, CBP said. As a result, the containers are not household articles of plastics within the meaning of heading 3924. |
| Proposed for revocation: NY N018731 (2007), NY N013622 (2007), NY N012286 (2007), NY N021076 (2008), NY H86212 (2002), NY N025433 (2008), NY D81320 (1998), NY C83630 (1998), HQ 961700 (1999), and NY N007698 (2007). |
| Proposed new ruling: HQ H043742 |