May 26, 2010 CBP Bulletin Notices on 12 Ruling Modifications/Revocations
In the May 26, 2010 issue of the U.S. Customs and Border Protection Bulletin (Vol. 44, No. 22), CBP published notices that revoke or modify certain rulings in order to correctly classify the products described below.
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Revocations and Modifications
In addition to revoking or modifying the identified rulings, CBP’s notice covers any rulings on this merchandise which may exist but have not been specifically identified. CBP is also revoking any treatment it has previously accorded to substantially identical transactions.
According to CBP, the revocations and modifications are effective for merchandise entered or withdrawn from warehouse for consumption on or after July 26, 2010.
Revocations and Modifications
| New Ruling | Description/Reason | New HTS/Rate | Former1 HTS/Rate |
| HQ H084604 (NY N047472 revoked) | Solar module -- Trinasolar TSM-175D solar module, comprised of 72 monocrystalline silicon photovoltaic cells and a junction box. Proposal is in accord with NY 866046. | 8541.40.60 Free | 8501.31.8000 2.5% |
| HQ H061738 (NY N020461 modified) | Textile drawstring bag -- a polyester bag with a cotton drawstring that measures approximately 5 ½ by 7 inches; used to carry a USA board game. New factual basis for classification. | No change | 9504.90.60 Free |
| HQ H030421 (NY N025263 modified) | Men’s knit and woven sleepwear pants -- identified as styles # 230316 and 230317, both have a fly front, drawstring, and side seam pockets. Correction. Garments are characterized as sleepwear and sold in the intimate apparel department. | 6107.91.0030, 6207.91.3010 8.7%, 6.1% | 6103.42.1020, 6203.42.4016 16.1%, 16.6% |
| HQ H078900 (NY N048031 revoked) | Reed diffuser bottle -- a small, round, clear glass jar with a short neck and a cork or rubber closure, to be filled with scented oil. Although a smaller size, CBP says it should be classified the same as larger reed diffuser bottles. | 7013.99.50 30% | 7010.90.50 Free |
| HQ H065119 (HQ 087133 revoked) | Bear Bank -- a partially stuffed bear figure with a hollow plastic container for the holding of coins in the torso, and an exterior of soft plush pile fabric. CBP found it likely to be used for comfort, companionship, and amusement -- like a stuffed bear. | 9503.00.00 Free | 6307.90.9590 7% (2004) |
| HQ H048948 (NY K89730 revoked) | Atovaquone -- CAS 95233--18--4, has the chemical formula C22H19O3Cl. Its chemical name is trans -2-[4-(4-chlorophenyl)cyclohexyl]-3-hydroxy-1,4-naphthalenedione. CBP found classification as an “other” quinone to be incorrect. | 2914.70.40 Free | 2914.69.2000 Free |
| HQ H053896 and HQ H053897 (NY N013185 and NY K89943 revoked) | Certain sex toys -- (1) finger vibrator and (2) vibrating condom ring. CBP has changed its view. Massage apparatus does not need to provide a therapeutic benefit. | 9019.10.20 Free | 8543.70.9650, 8543.89.9695 2.6% |
| HQ H046643 (NY R04381, NY R04507, NY R04505 revoked) | JVC multifunctional digital cameras Correction. These cameras produce excellent video but only fair to poor quality still images. | 8525.80.50 (2.1%) | 8525.80.40 (free) |
| HQ H072082 and HQ H072776 (HQ 562035 and HQ 562526 revoked) | Double substantial transformation of jewelry for GSP duty-free treatment. Gold and silver jewelry with diamonds and/or colored stones, where the gold or metal alloys undergo a double substantial transformation. | CBP incorrectly ruled that such jewelry was GSP ineligible. CBP is correcting these two rulings to indicate the jewelry is eligible for GSP duty-free treatment as the items undergo a double substantial transformation. |
| HQ H055815 (NY N033006 modified) | Handicapped, duty-free eligibility under 9817.00.96 for high-rise toilets. Non-ADA vitreous china toilet bowls/toilets with a rim height just over 17 inches, primarily used in public lavatories, but some residential use. | Although they are used by non-handicapped persons, CBP is now of the view that such bowls/toilets with a bowl rim height of 17 inches or more are “specially designed and adapted” for handicapped persons and would be duty-free under 9817.00.96. |
(See ITT’s Online Archives or 02/22/10 news, 10022265, for BP summary of proposed revocation of the multifunctional digital cameras ruling.
See ITT’s Online Archives or 04/06/10 news, 10040660, for BP summary of proposed revocations/modification for the jewelry, toilet rulings.
See ITT’s Online Archives or 04/05/10 news, 10040540, for BP summary of proposed revocations/modifications for the solar module, textile bag, sleepwear pants, reed diffuser bottle, bear bank, atovaquone, and sex toy rulings.)
1Most of the tariff numbers and duty rates listed in the “Former HTS/Rate” column are from the original ruling listed in the Bulletin.