April 28 CBP Bulletin Proposes to Revoke Rulings on Coral Jewelry, Spider Web Lights
In the April 28 Customs Bulletin (Vol. 55, No. 16), CBP published a proposal to modify rulings on jewelry with coral beads or abalone and on spider web lights.
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Comments on Proposals Due May 28
CBP said consideration will be given to any written comments received by May 28 before taking these actions. In addition, any party that has received a ruling or decision on the merchandise that is subject to the proposed revocations or modifications, or any party involved with a substantially identical transaction, should advise CBP by the date that written comments on the proposed ruling are due. (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 agents for importations subsequent to the effective date of the final decision in this notice.)
Proposals
CBP is proposing to revoke or modify the rulings below, and any rulings on these products that may exist but have not been specifically identified. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Coral Bead and Abalone Jewelry
| Item: Coral beads for jewelry and earrings with abalone sheets |
| Current: Abalone Earrings: 7116.20.05, 3.3%, “Articles of natural or cultured pearls, precious or semi-precious stones (natural, synthetic or reconstructed): Of precious or semiprecious stones (natural, synthetic or reconstructed): Articles of jewelry: Valued not over $40 per piece: Other.” Coral beads: 7116.20.40, 10.5%, “Articles of precious and semiprecious stones (natural, synthetic or reconstructed): Of precious or semiprecious stones (natural, synthetic or reconstructed): Other: Of semiprecious stones (except rock crystal): Other.” |
| Proposed: Abalone Earrings: 7117.90.90, 11%, “Imitation jewelry: [o]ther: [o]ther: [o]ther: [o]ther.” Coral beads: 9601.90.40, 2.1%, “[w]orked ivory, bone, tortoise-shell, horn, antlers, coral, mother-of-pearl and other animal carving material, and articles of these materials (including articles obtained by molding): [o]ther: [c]oral, cut but not set, and cameos, suitable for use in jewelry.” |
| Reason: Abalone doesn't have a specific subheading and “any jewelry that does not incorporate precious or semi-precious stones are, prima facie, classified in heading 7117,” said CBP. The coral beads do not constitute imitation jewelry because they are not in the form of jewelry at the time of importation, CBP said. Also, coral beads are considered as their own entity, it said. |
| Proposed for revocation: NY N284708, dated April 7, 2017 |
| Proposed for modification: NY N285626, dated May 1, 2017, and NY N123795, dated Oct. 13, 2010 |
| Proposed new ruling: HQ H293170 |
Spider Web Lights
| Item: Spider web lights from China |
| Current: 9405.30.00, 8%, “Lamps and lighting fittings including searchlights and spotlights and parts thereof, not elsewhere specified or included; illuminated signs, illuminated nameplates and the like, having a permanently fixed light source, and parts thereof not elsewhere specified or included: Lighting sets of a kind used for Christmas trees.” |
| Proposed: 9405.40.84, 3.9%, “Lamps and lighting fittings including searchlights and spotlights and parts thereof, not elsewhere specified or included; illuminated signs, illuminated nameplates and the like, having a permanently fixed light source, and parts thereof not elsewhere specified or included: Other electric lamps and lighting fittings: Other.” |
| Reason: The cord isn't green and the “the spider web’s triangular shape for use in a corner of a room or doorway prevents it from use on a Christmas tree,” CBP said. |
| Proposed for revocation: NY N284187, dated March 24, 2017, HQ H072441,dated Sept. 19, 2011, NY N027262, dated May 20, 2008, HQ H070673, dated Sept. 19, 2011, HQ H095410, dated September 19, 2011, HQ 952513, dated April 26, 1993, and HQ 953932, dated April 10, 1993 |
| Proposed for modification: NY I83133, dated July 10, 2002, HQ H066795 dated March 30, 2010, HQ H070671, dated Sept. 19, 2011, and HQ 955758, dated April 15, 1994 |
| Proposed new ruling: HQ H289250 |