December 15, 2004 CBP Bulletin Notices on Tattoo Needles and the Glass Article in Drink Mix Kits
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) revoking a classification ruling on tattoo needles, and (b) modifying a classification ruling on the glass article in drink mix kits. CBP states that it is also revoking 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According to CBP, the revocation and modification are effective for merchandise entered or withdrawn from warehouse for consumption on or after February 13, 2005.
CBP also states that these notices cover any rulings on the subject merchandise that may exist but have not been specifically identified.
Revocation or Modification of Two Classification Rulings
Tattoo Needles. At issue are tattoo needles that are dipped in ink and used with hand-held, electrically operated tattoo machines.
CBP is issuing 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 in HTS 8479.90.9495 as "other parts of machines and mechanical appliances, having individual functions, not specified or included elsewhere in Chapter 84."
CBP states that it is now apparent that the tattoo machines are DC coil and spring point machines. Therefore, 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.
(See ITT's Online Archives or 10/18/04 news, 04101850, for BP summary of the proposed revocation.)
new: 8207.90.6000, 4.3%; previous: 8479.90.9495, duty-free.
Glass Article in Drink Mix Kits. At issue is the decorated cylinder-shaped glass article in drink mix kits. In addition to the glass article, each kit is comprised of a bottle of margarita or strawberry daiquiri mix and a test tube of colored salt or sugar. The subject glass articles measure approximately 6 inches high and 2 inches in diameter. They are frosted and have blending instructions for a margarita or daiquiri and a picture of one or the other of these drinks in the usual shaped drinking glass used for these beverages. Each glass article is valued between $0.30 and $3.
CBP is issuing HQ 967004 in order to modify NY J89555 and reclassify the glass articles in HTS 7013.29.2000 as "other drinking glasses, other than of glass-ceramics: valued over $0.30 but not over $3 each" rather than under HTS 7013.99.5000 which provides for "other glassware: valued over $0.30 but not over $3 each."
CBP states that while the usual glass for a daiquiri or margarita is shaped quite differently than the subject glass article, the glass enclosed in these drink mix kits is recognizable as a drinking glass. According to CBP, it is referred to on the packaging as a "novelty glass" and is quite clearly intended to be used as a drinking glass. Therefore, applying General Rule of Interpretation (GRI) 6, the glass article is classified in HTS 7013.29.2000 as a drinking glass.
(See ITT's Online Archives or 10/19/04 news, 04101950, for BP summary of the proposed modification.)
new: 7013.29.2000, 22.5%; previous: 7013.99.5000, 30%
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/