Sept. 13 CBP Bulletin Proposes to Revoke Rulings on Processed Brewer’s Grains and a Wooden Box
In the Sept. 13 Customs Bulletin (Vol. 57, No. 33), CBP published a proposal to revoke ruling letters concerning processed brewer's saved grains and a wooden box from China.
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Comments on Proposals Due Oct. 13
CBP said consideration will be given to any written comments received by Oct. 13 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 after 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 also is proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Processed Brewer’s Grains
| Items: (1) BarleyVita Fibra and (2) BarleyVita Pro, both derived from brewing spent grains, barley and corn, respectively. The products, which are in powder form, are produced from drying and milling brewing or distilling dregs and waste. The products are separated into finer and coarser particles. Both products will be sold for use as fiber and/or protein ingredients in baked goods and other food applications. |
| Current: (1) 1102.20.00, 3¢/kg, “Cereal flours other than of wheat or meslin: Corn (maize) flour,” and subheading 1102.90.60, HTSUS, which provides for “Cereal flours other than of wheat or meslin: Other: Other: Other.” (2) 1102.90.6000, 9%, “Cereal flours other than of wheat or meslin: Other: Other: Other.” |
| Proposed: 2106.90.9998, 6.4%, “Food preparations not elsewhere specified or included: Other: Other: Other: Other: Other: Other: Other: Other: Other: Other.” |
| Reason: Classification in HTSUS heading 2106 depends on the product being a food preparation and a failure to find any prior tariff provision that meets the characteristics and use of the product. The products at issue are not classified under any other tariff provision and are made wholly of foodstuffs used in the making of food preparations like baked goods and other food applications for human consumption. |
| Proposed for revocation: NY N307210, dated Oct. 9, 2020 |
| Proposed new ruling: HQ H322361 |
Wooden Box
| Item: A small decorative wooden box with slats in the shape of an open produce crate. The two styles of decorative boxes are not used for general packing and transport of goods, but rather can be used for storage of household personal effects, and food items such as apples and other fruits, spices, etc. |
| Current: 4420.90.45, 4.3%, “Wood marquetry and inlaid wood; caskets and cases for jewelry or cutlery and similar articles, of wood; statuettes and other ornaments, of wood; wooden articles of furniture not falling within chapter 94: Other: Jewelry boxes, silverware chests, cigar and cigarette cases and similar boxes, cases and chests, all the foregoing of wood: Other: Not lined with textile fabrics.” |
| Proposed: 4420.90.80, 3.2%, “Wood marquetry and inlaid wood; caskets and cases for jewelry or cutlery and similar articles, of wood; statuettes and other ornaments, of wood; wooden articles of furniture not falling within chapter 94: Other: Other.” |
| Reason: Based on prior CBP practice, merchandise classifiable in subheading 4420.90.45 generally contains a lid, whereas merchandise classifiable in subheading 4420.90.80 generally does not have a lid. |
| Proposed for revocation: NY N274180, dated April 21, 2016 |
| Proposed new ruling: HQ H315828 |