Nov. 29 CBP Bulletin Proposes to Revoke Rulings on Automotive Bumpers, Decorative Quartz Rocks
In the Nov. 29 Customs Bulletin (Vol. 51, No. 48), CBP published notices that propose to revoke rulings and similar treatment for automotive bumpers and decorative quartz rocks.
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Comments on Proposals Due Dec. 27
CBP said consideration will be given to any written comments received by Dec. 27 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.
Automotive Bumpers
| Item: Bumper shells returning to the U.S. from Canada after undergoing a painting process. |
| Current: The bumpers may be entered under this tariff subheading 9802.00.50 with a duty only upon the value of the painting alteration operation, upon compliance with the documentary and regulatory requirements. |
| Proposed: The bumpers are not eligible for duty free treatment under subheading 9802.00.50. |
| Reason: The painting of automotive bumpers does not constitute an alteration. |
| Proposed for revocation: NY 284970 (2017) |
| Proposed new ruling: HQ H288285 |
Decorative Quartz Rocks
| Item: Decorative natural river rocks made of quartz that have been tumbled and dyed powder blue, packed in a plastic net sack. The rocks are for use in floral arrangements, candle displays, fountains and aquariums. |
| Current: 7103.99.5000, 10.5%, "Precious stones (other than diamonds) and semi-precious stones, whether or not worked or graded but not strung, mounted or set; ungraded precious stones (other than diamonds) and semi-precious stones, temporarily strung for convenience of transport: Otherwise worked: Other: Other.” |
| Proposed: 6815.99.4070, Free, “Articles of stone or of other mineral substances (including carbon fibers, articles of carbon fibers and articles of peat), not elsewhere specified or included: Other articles: Other: Other: Other.” |
| Reason: "Although the instant rocks are quartz, they are not used in either jewelry or in clocks or industrial tools," CBP said. "Furthermore, they are not of a quality suitable for use in such applications; that they are dyed to give them the appearance of a precious or semiprecious stone clearly indicates that they are not of sufficient quality to be considered as such even when worked and polished." |
| Proposed for revocation: NY M86055 (2006) |
| Proposed new ruling: HQ H256434 |