February 16, 2005 CBP Bulletin Notices on Certain Extruded Polyethylene or Polypropylene Mesh/Plastic and Fruits/Herb Preserved in Acetic Acid
In the February 16, 2005 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 39, No. 8), CBP issued notices: (a) revoking or modifying four classification rulings on certain extruded polyethylene or polypropylene mesh or plastic, and (b) modifying a classification ruling on fruits and an herb preserved in acetic acid. 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According to CBP, these revocations and modifications are effective for merchandise entered or withdrawn from warehouse for consumption on or after April 17, 2005.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 Five Classification Rulings
Certain Extruded Polyethylene or Polypropylene Mesh/Plastic. At issue are (i) extruded polyethylene mesh or plastic to be used to package an Easter basket, as gardening mesh, to protect grape crops from damage by birds, etc. and (ii) extruded polypropylene mesh to be placed over trees and plants to protect vegetables and fruits from birds.
CBP is issuing HQ 967346, HQ 967347, HQ 967349, and HQ 967348 in order to revoke NY C84049, NY G87431, NY D80028, and modify NY H88635, respectively, and reclassify the mesh/plastic in HTS 3926.90.9880 as "other articles of plastics and articles of other materials of headings 3901 to 3914" rather than in HTS 3920.10.0000 or in HTS 3920.20.0000 as other plates, sheets, film, foil and strip, of plastics, noncellular and not reinforced, laminated, supported or similarly combined with other materials: of polymers of ethylene or of propylene
CBP states that "sheeting" is commonly known to be in the form of or suitable for forming into a "broad surface." In HQ 965889 (dated 03/17/03), CBP determined that the open spaces of a geotextile material were large enough that the material could not be considered to have a "broad surface."
According to CBP, the subject mesh/plastic, like the geotextile material of HQ 965889, has open spaces and cannot be considered to have a broad surface. Thus, CBP states that the mesh/plastic lacks the continuity necessary to be classified as a sheet of plastics of heading 3920, and instead is classified in HTS 3926.90.9880.
(See ITT's Online Archives or 12/07/04 news, 04120735, for BP summary of the proposed revocations and modification.)
new: 3926.90.9880, 5.3%; previous: 3920.10.0000 or 3920.20.0000, 4.2%
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 issuing HQ 967015 in order to modify NY J87437 and reclassify the subject product in HTS 2001.90.6000 as "other vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid" 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 is classified in the residual subheading, HTS 2001.90.6000.
(See ITT's Online Archives or 01/03/05 news, 05010345, for BP summary of the proposed modification.)
new: 2001.90.6000, 14%; previous: 2001.90.3800, 9.6%.
February 16, 2005 CBP Bulletin (Vol. 39, No. 8) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2005/vol39_02162005_no8/