October 13, 2004 CBP Bulletin Notices on Plastic Light Clips and Hooks and Tattoo Needles

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 November 12, 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 Two Classification Rulings

Plastic Light Clips and Hooks. At issue are three types of plastic clips and hooks used to attach Christmas lights to the gutters and shingles of a house.

CBP is proposing to issue HQ 967292 in order to revoke NY F81404 and reclassify the clips and hooks in HTS 3924.90.5500 which provides for "other household articles of plastics, etc." rather than in HTS 3926.90.9880 as "other articles of plastics and articles of other materials of headings 3901 to 3914."

CBP states that an examination of the plastic clips and hooks reveals their primary use for temporarily securing various types of miniature electric lights on roofs and gutters of a house or other residential dwelling during the Christmas season. Because of the substantial similarities between these clips and hooks and the products at issue in numerous recently issued rulings which determined such products to be household articles under HTS 3924.90.55, CBP believes that the subject clips and hooks should be classified under HTS 3924.90.55, the more specific provision.

proposed: 3924.90.5500, 3.4%; current: 3926.90.9880, 5.3%.

Tattoo Needles. At issue are tattoo needles that are dipped in ink and used with hand-held, electrically operated tattoo machines.

CBP is proposing to issue HQ 967262 in order to revoke NY J84902 and reclassify the needles in HTS 8207.90.6000 which provides, among other things, for "other interchangeable tools and parts thereof for handtools and parts thereof, whether or not power-operated, not suitable for cutting metal and parts thereof" rather than under HTS 8479.90.9495 which provides for "other parts of machines and mechanical appliances, having individual functions, not specified or included elsewhere in Chapter 84."

CBP states that the classification expressed in NY J84902 was based on erroneous information that the tattoo machine which utilized the needles did not have a self-contained electric or non-electric motor. According to CBP, it is now apparent that the tattoo machines are DC coil and spring point machines, and devices that operate in this fashion are known variously as linear electric motors or electrical reciprocating motors.

Therefore, CBP states that the tattoo machines qualify under HTS 8467 as tools for working in the hand, with self-contained electric motor. According to CBP, it necessarily follows that tattoo needles solely or principally used with such machines qualify as interchangeable tools for power-operated handtools of HTS 8207.

proposed: 8207.90.6000, 4.3%; current: 8479.90.9495, duty-free.

October 13, 2004 CBP Bulletin (Vol. 38, No. 42) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_10132004_no42/