March 16, 2005 CBP Bulletin Notices on Plastic Water Bottles and the Entry of Certain Knives
In the March 16, 2005 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 39, No. 12), CBP issued notices: (a) proposing to modify three classification rulings on plastic water bottles, and (b) modifying a ruling regarding the entry of certain knives. 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According to CBP, the modification is effective for merchandise entered or withdrawn from warehouse for consumption on or after 60 days from March 16, 2005.
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 April 15, 2005, 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 Three Classification Rulings
Plastic Water Bottles. At issue are plastic water bottles that are (a) held in a waist pack/bag during leisure activities or travel, or (b) snapped into a frame of a bicycle with the intention of carrying drinking water for a cyclist.
CBP is proposing to issue HQ 967540, HQ 967541, and HQ 967542 in order to modify NY 880582, NY 897965, and NY 867193, respectively, and reclassify the water bottles in HTS 3926.90.9880 as "other articles or plastics, etc.: other" rather than in HTS 3923.30.0090 as "articles for the conveyance or packing of goods, of plastics: other carboys, bottles, flasks and similar articles."
CBP states that in HQ 952264 (dated 11/25/92), it held that HTS 3923 pertained only to products for the conveyance of commercial goods, but not personal items (i.e., containers for packing and shipping bulk and commercial goods). Therefore, HTS 3923.30.00 applies only to bottles, such as beverage bottles, that are designed to be filled and sold to the ultimate consumer with a beverage therein, but not containers that will be filled by the end user. As such, the plastic sports bottles at issue therein, which were not designed to be filled prior to sale, could not be classified under HTS 3923.30.00. CBP notes that it has repeatedly adhered to this standard in a number of cited rulings.
Similarly, the subject water bottles are neither designed to hold nor do they contain a beverage when sold to the ultimate consumer. Therefore, CBP finds that the water bottles do not meet the terms of HTS 3923, and instead should be classified in HTS 3926, the residual heading for other articles of plastics.
proposed: 3926.90.9880, 5.3%; current: 3923.30.0090, 3%.
Modification of Classification Ruling
Entry of certain knives. At issue are release-assisted knives designed to be primarily used as "general carry." CBP states that the knives' features are characteristic of a jackknife or pocket knife, rather than a weapon. The knives have a lock mechanism that must be released to close the knives once they are open. CBP notes that this mechanism is not engaged in any way to open the knives.
CBP is issuing HQ 116315 in order to modify HQ 116229 so that it reflects that the subject knives are permitted unrestricted entry into the U.S. pursuant to 19 CFR 12.96(a).
In HQ 116229, CBP ruled that the subject knives were switchblades within the meaning of 19 CFR 12.95(a)(4) and were therefore prohibited entry into the U.S.
However, upon further review, CBP has determined that the subject knives are not switchblades within the meaning of 19 CFR 12.95(a)(1) because they do not meet the criteria therein (i.e., they do not open automatically by hand pressure applied to a button or device in the handle, nor do they open automatically by operation of inertia, gravity, or both). CBP additionally finds that the knives have a blade style designed for a primary utilitarian use within the meaning of 19 CFR 12.95(c).
Therefore, CBP concludes that the requirements of 19 CFR 12.96(a) are satisfied (i.e., the subject knives have a blade style designed for a primary utilitarian use as defined in 19 CFR 12.95(c) and they are not switchblades within the meaning of 19 CFR 12.95(a)(1)). Pursuant to 19 CFR 12.96(a), CBP states that the subject knives are permitted unrestricted entry into the U.S.
(See ITT's Online Archives or 02/01/05 news, 05020145, for BP summary of the proposed ruling.)
March 16, 2005 CBP Bulletin (Vol. 39, No. 12) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2005/vol39_03162005_no12/