December 15, 2004 CBP Bulletin Notices on a Reticulated Foam Filter Ring, Fruits and an Herb Preserved in Acetic Acid, and a Feather "Duster" Tickler
In the December 15, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 38, No. 51), CBP issued notices: (a) proposing to revoke a classification ruling on a reticulated foam filter ring, (b) proposing to modify a classification ruling on fruits and an herb preserved in acetic acid, and (c) modifying a classification ruling on a feather "duster" tickler. 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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According to CBP, the modification is effective for merchandise entered or withdrawn from warehouse for consumption on or after February 13, 2005.
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 January 14, 2005, 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 or Modification of Two Classification Rulings
Reticulated Foam Filter Ring. At issue is a reticulated foam filter ring that is also referred to as a "foam wrap" and a "pre-filter." It is intended to fit around the outside of a primary radial air filter element ring. The combined air filter is intended for installation in an automotive engine. The reticulated foam filter ring is intended to act as a pre-filter to remove larger and coarser particles, extending the life of the primary air filter element.
CBP is proposing to issue HQ 966942 in order to revoke NY K80327 and reclassify the ring in HTS 8421.31.0000 as "intake air filters for internal combustion engines" rather than in HTS 8421.39.8015 as "other dust collection and air purification equipment."
CBP states that although the subject ring is considered a "pre-filter," it is itself a "filter." Therefore, pursuant to General Rule of Interpretation (GRI) 1, the subject ring should be classified in HTS 8421.31.0000, and not in the "basket" "other" provision, HTS 8421.39.8015.
proposed: 8421.31.0000, 2.5%; 8421.39.8015, duty-free.
Fruits and an Herb in Acetic Acid. At issue is a 500 ml bottle containing cranberries, rosemary, and apricots in a 4.96% acetic acid liquid. CBP states that cranberries and apricots are fruits, while rosemary is an herb.
CBP is proposing to issue HQ 967015 in order to modify NY J87437 and reclassify the subject product in HTS 2001.90.6000 which provides for "vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid: other" rather than in HTS 2001.90.3800 as "other vegetables prepared or preserved by vinegar of acetic acid."
CBP states that because none of the ingredients of the product are vegetables, the product itself cannot be classified in a subheading that provides for vegetables. Instead, the product should be classified in the residual subheading, HTS 2001.90.6000.
proposed: 2001.90.6000, 14%; current: 2001.90.3800, 9.6%.
Modification of Classification Ruling
Feather "Duster" Tickler. At issue is a feather "duster" tickler that is included in an incomplete sensual travel kit.
CBP is issuing HQ 967294 in order to revoke NY J89913 and reclassify the tickler in HTS 6701.00.3000 which provides for "articles of feathers or down" rather than in HTS 9603.90.4000 which provides for "feather dusters."
According to CBP, the subject tickler is not used for "dusting," but rather it is used to "tickle" the body. Therefore, CBP states that because the Explanatory Note (EN) 96.03(D) includes only articles used for cleaning purposes, classification of the tickler in HTS 9603.90.4000 is not appropriate. Rather, the tickler is properly classified in HTS 6701.00.3000.
(See ITT's Online Archives or 10/01/04 news, 04100165, for BP summary of the proposed modification.)
new: 6701.00.3000, 4.7%; previous: 9603.90.4000, duty-free
December 15, 2004 CBP Bulletin (Vol. 38, No. 51) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_12152004_no51/