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June 7 CBP Bulletin Proposes to Revoke, Modify Rulings on Glass Watering Bulbs, Chelal Fe

In the June 7 issue of the CBP Customs Bulletin (Vol. 51, No. 23) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for glass plant watering bulbs and Chelal Fe.

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Comments on Proposals Due July 7

CBP said consideration will be given to any written comments received by July 7 before taking this action. In addition, any party who 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.

Glass Watering Bulbs

Item: Hand blown glass bulbs at the end of a glass tube that comes in a variety of colors. The user fills the bulb with water and inserts the open tube end in the soil of a houseplant. The balance of air and water pressure in the soil as it dries allows water to enter the soil from the globe as needed in order to keep the soil moist.
Current: 7020.00.6000, 5%, “Other articles of glass: other.”
Proposed: 7013.99, More information needed for specific duty rate, "Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018): Other glassware: Other.”
Reason: Similar to glass vases or pitchers, the glass plant watering bulb at issue is intended to be decorative given its shape and appearance.
Proposed for revocation: NY N020311 (2007)
Proposed new ruling: HQ H258963

Chelal Fe

Item: Chemical fertilizer
Current: 2942.00.5000, 3.7%, “Other organic compounds: Other.”
Proposed: 2922.49.80, 3.7%, “Oxygen-function amino-compounds: Amino-acids, other than those containing more than one kind of oxygen function, and their esters; salts thereof: Other: Other: Other: Other.”
Reason: Chelal Fe needs to be classified in heading 2922, HTSUS, based on the fragment remaining after “cleaving,” which is an inorganic salt of an oxygen-function amino-compound containing amino and carboxylic acid functional groups.
Proposed for revocation: NY A88070 (1997)
Proposed for modification: NY H86531 (2002)
Proposed new ruling: HQ H265102