February 18, 2004 CBP Bulletin Notices on the Country of Origin Marking for Flat Flexible Magnets and a Certain Woven Paper Place Mat
In the February 18, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 38, No. 8), CBP issued notices: (a) proposing to revoke a ruling regarding the country of origin marking for flat flexible magnets, and (b) proposing to modify a classification ruling on a certain woven paper place mat. CBP states that it is also proposing to revoke or modify any treatment it has previously accorded to substantially identical transactions that are contrary to its position in these notices.
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CBP states that any party who has received a contrary ruling or decision on the merchandise that is subject to the proposed rulings, or any party involved with a substantially identical transaction, should advise CBP by March 19, 2004, the date that written comments on the proposed rulings are due. Furthermore, CBP states that 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 agent for importations subsequent to the effective date of the final decision in these notices.
CBP also states that these notices cover any rulings on the subject merchandise that may exist but have not been specifically identified.
Proposed Revocation of One Ruling
Country of origin marking for flat flexible magnets. According to CBP, at issue is flat flexible magnet material in sheets or rolls. Its magnetic properties are set and the product will adhere to metal objects. The sheets or rolls can be cut into smaller shapes or used in sheet form (for example, advertising applied to the side of a commercial motor vehicle). CBP notes that the flat flexible magnet material can be printed and laminated but it is used by the ultimate consumer because of its magnetic property.
CBP is proposing to issue HQ 562803 in order to revoke HQ 562537 and indicate that the correct country of origin marking for the magnets is a foreign country, and not the U.S.
CBP states that based on the facts provided, the imported magnet material is not substantially transformed into new and different articles of U.S. origin when further processed in the U.S. by printing and cutting, which are merely finishing operations, to form flexible promotional magnets. Accordingly, CBP states that the flat flexible magnets must be properly marked to indicate the foreign country of origin to the ultimate purchaser.
Proposed Modification of One Classification Ruling
A Certain Woven Paper Place Mat. The place mat at issue is circular in shape and measures approximately 15 inches in diameter. It is made of paper strips which have been folded lengthwise prior to being woven.
CBP is proposing to issue HQ 966386 in order to modify HQ 965233 and reclassify the paper place mat under HTS 4601.99.9000 which provides for other plaiting materials, plaits and similar products of plaiting materials, bound together in parallel strands or woven, in sheet form, etc. rather than under HTS 4601.99.0500 which provides for plaits and similar products of plaiting materials, whether or not assembled into strips.
CBP states that the paper place mat does not answer to the descriptions of "plaits" or "products similar to plaits" in Part A of the EN for HTS 4601. Rather than being a narrow, thong-like object without a warp or weft, the place mat is a round sheet composed of woven paper strips and falls squarely within the description given in Part B of the EN for HTS 4601. Therefore, CBP is proposing that the paper place mat be classified under HTS 4601.99.9000.
proposed: 4601.99.9000, 3.3%; current: 4601.99.0500, 2.7%.
February 18, 2004 CBP Bulletin (Vol. 38, No. 8) expected to be available soon at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/