June 23, 2004 CBP Bulletin Notices on a Dog Toy and Country of Origin Marking for Italian-Origin Jewelry Chains and Clasps Assembled in the U.S
In the June 23, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 38, No. 26), CBP issued notices: (a) proposing to modify a classification ruling on a Fetch ToteTM dog toy, and (b) modifying a ruling regarding the country of origin marking for Italian-origin jewelry chains and clasps assembled in the U.S. CBP states that it is also revoking, or proposing to revoke, 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 the modification regarding the jewelry chains is effective August 22, 2004.
CBP states that any party who has received a contrary ruling or decision on the merchandise that is subject to the proposed ruling, or any party involved with a substantially identical transaction, should advise CBP by July 23, 2004, the date that written comments on the proposed ruling 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 this notice.
CBP also states that these notices cover any rulings on the subject merchandise that may exist but have not been specifically identified.
Proposed Modification of Classification Ruling
Fetch ToteTM Dog Toy. CBP states that at issue is a Fetch ToteTM dog toy that is made up of two components, a ball and accompanying belt pouch. The ball, which is non-pressurized and resembles a tennis ball due to its size and shape, is covered in blue and white felt and has the word "Chuckit!" printed on it. The belt pouch is constructed of nylon fabric and mesh, serves as a holder for the ball, and has a plastic clip for attaching to a person's belt or pocket. Sewn into the pouch is the name of the product, the sentence ''Sporting gear for dogs from Canine Hardware, Inc,'' and a picture of a dog. Additionally, there is a removable cardboard hang tag attached to the pouch that states the name of the product, pictures a dog with a ball in its mouth, and contains product information stating that the mesh construction of the pouch allows the ball to dry out quickly after use by a dog.
CBP is proposing to issue HQ 966988 in order to modify NY J89264 and reclassify the dog toy under HTS 4016.99.2000 as "toys for pets" rather than under HTS 9506.61.0000 which provides for "lawn-tennis balls."
(CBP notes that regardless of where the dog toy set is classified, the belt pouch will remain subject to Cat 670 visa and quota requirements.)
CBP explains that its examination of the ball at issue leads CBP to conclude that it is not of the class or kind of ball that is considered a tennis ball. Additionally, it is apparent that the expectation of the ultimate purchaser of this ball is that it will be used as a dog toy and not as a tennis ball. Lastly, CBP states that it has previously classified substantially similar merchandise under HTS 4016. Therefore, CBP states that the dog toy should be classified under HTS 4016.99.2000.
proposed: 4016.99.2000, 4.3%; current: 9506.61.0000, duty-free.
Modification of Ruling
Country of origin marking for Italian-origin jewelry chains and clasps assembled in the U.S. According to CBP, at issue are Italian-origin sterling silver jewelry chains and Italian-origin sterling silver lobster clasps that are assembled within the U.S. to form completed jewelry pieces. Each sterling silver chain weighs 52 grams and is valued at $14, and each sterling silver lobster clasp weighs 7.5 grams and is valued at $11. CBP states that the assembled jewelry pieces will be finished subsequent to assembly.
CBP is issuing HQ 562868 in order to modify NY I85493 to reflect Italy as the proper country of origin applicable to the subject chains combined with the clasps within the U.S.
CBP explains that based upon the presented information, including certain previous rulings, CBP finds that combining an Italian-origin chain with an Italian-origin lobster clasp within the U.S. to form completed jewelry does not substantially transform the foreign-origin items into a product of the U.S. As such, the country of origin of completed jewelry pieces produced under these circumstances is Italy.
(See ITT's Online Archives or 04/29/04 news, 04042960, for BP summary of proposed HQ 562868.)
June 23, 2004 CBP Bulletin (Vol. 38, No. 26) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_06232004_no26/