April 10 CBP Bulletin Proposes to Revoke Rulings on Nonslip Pads, Automative Clutch Tube
In the April 10 Customs Bulletin (Vol. 58, No. 14), CBP published a proposal to revoke and modify ruling letters concerning nonslip grip pads and an automotive clutch tube.
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Comments on Proposal Due May 10
CBP said consideration will be given to any written comments received by May 10 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.)
Proposal
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.
Nonslip Grip Pads
| Item: Nonslip grip pads. Grip pads are used under rugs to add cushioning underfoot in order to reduce fatigue. They are also used for lining shelves, drawers and cabinets in the kitchen, bathroom and garage work areas. |
| Current: (1) 3921.12.19, “Other plates, sheets, film foil and strip, of plastic: cellular: of polymers of vinyl chloride: other.” (2) 3921.12.11, “Other plates, sheets, film foil and strip, of plastic: cellular: of polymers of vinyl chloride: products with textile components in which man-made fibers predominate by weight over any other single textile fiber: over 70 percent by weight of plastics,” (3) 3921.12.15, “Other plates, sheets, film foil and strip, of plastic: cellular: of polymers of vinyl chloride: products with textile components in which man-made fibers predominate by weight over any other single textile fiber: other.” |
| Proposed: 3926.90.99, 5.3%, “Other articles of plastics and articles of other materials of heading 3901 to 3914: other: other.” |
| Reason: The nonslip grip pad surface isn't tight enough to pass from one point to another without leaving the surface due to the presence of holes in the open-work knit base fabric. That the nonslip grip pads can be used in the home occasionally in itself isn't sufficient to warrant its classification as a household article of heading 3924. Therefore, the nonslip grip pads are more specifically provided for outside of heading 3924, as an article of plastic under heading 3926. |
| Proposed for revocation: HQ H302153, dated July 12, 2019; HQ 088142, dated Jan. 18, 1991; HQ 088909, dated April 22, 1991; NY PD 816479, dated Dec. 5, 1995; NY G83216, dated Oct. 31, 2000; NY H86099, dated Dec. 14, 2001; NY I83543, dated July 31, 2002; NY K82162, dated Jan. 15, 2004; NY L86033, dated July 20, 2005; NY N033496, dated July 18, 2008; and NY N044145, dated Dec. 4, 2008 |
| Proposed new ruling: HQ H305115 |
Automotive Clutch Tube
| Item: An automotive clutch tube, consisting of a gray, zinc and fluorocarbon resin-coated steel tube. The clutch tube is part of the transmission system and its purpose is to carry hydraulic fluid from the slave cylinder to the clutch pressure plate. The clutch tube will solely be used in motor vehicles of the kind classified under heading 8703. |
| Current: 8708.93.75, “Parts and accessories of the motor vehicles of headings 8701 to 8705: Other parts and accessories: Clutches and parts thereof: Other.” |
| Proposed: 8708.99.81, 2.5%, “Parts and accessories of the motor vehicles of headings 8701 to 8705: Other parts and accessories: Other: Other.” |
| Reason: Although the automotive clutch tube serves as a conduit for hydraulic fluid that ultimately plays a role in the operation of a clutch, the tube itself isn't integral to the function of connecting and disconnecting a vehicle’s motor and transmission. Furthermore, a review of technical sources indicated an automotive clutch tube is generally not considered a part of the clutch mechanism. |
| Proposed for revocation: NY 816028, dated Oct. 26, 1995 |
| Proposed new ruling: HQ H294714 |