March 10 CBP Bulletin Proposes to Revoke Rulings on Insulated Drink Containers, Organic Date Juice
In the March 10 Customs Bulletin (Vol. 55, No. 9), CBP published notices that propose to revoke rulings on insulated stainless steel beverage containers and organic date juice concentrate or syrup.
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Comments on Proposals Due April 9
CBP said consideration will be given to any written comments received by April 9 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.
Insulated Stainless Steel Beverage Containers
| Item: Stainless steel beverage containers |
| Current: 7323.93.0080, 2%, “Table...articles...of...steel...: other: of stainless steel...other.” |
| Proposed: 9617.00.10, 7.2%, “Vacuum flasks and other vacuum vessels, complete with cases; parts thereof other than glass inners: Vessels: Having a capacity not exceeding 1 liter.” |
| Reason: While the bottles have a partial insulating vacuum between the two walls, CBP previously “determined that the lack of an outer protective casing on the beverage containers at issue precluded their classification in heading 9617,” it said. “We do not believe that this position is supported by the legal text or the [explanatory notes] to heading 9617.” The “scope of heading 9617 is not limited to containers having both a double walled vacuum construction and an additional outer casing. The instant containers have a double-walled construction which performs temperature retention; therefore, the products meet the terms of heading 9617 whether they have an additional outer casing or not.” |
| Proposed for revocation: NY N297758, dated July 9, 2018, NY N297169, dated June 15, 2018, NY N254461, dated Sept. 10, 2014, and NY N264760, dated June 16, 2015 |
| Proposed new ruling: HQ H303684 |
Organic Date Juice Concentrate or Syrup
| Item: Organic date juice concentrate and date syrup |
| Current: 2009.89.7091, 0.5 cents per liter, “Fruit juices (including grape must) and vegetable juices, not fortified with vitamins or minerals, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter: Juice of any other single fruit or vegetable: Other: Other.” |
| Proposed: 1702.40.4000, 5.1%, ““Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavoring or coloring matter; artificial honey, whether or not mixed with natural honey; caramel: Glucose and glucose syrup, containing in the dry state at least 20 percent but less than 50 percent by weight of fructose, excluding invert sugar: Other.” |
| Reason: The date products “both meet the percentile requirements for classification under 1702.40" and are intended for use in the food industry, CBP said. |
| Proposed for revocation: NY N307283, dated Nov. 22, 2019 |
| Proposed new ruling: HQ H312829 |