Sept. 25 CBP Bulletin Proposes to Revoke Rulings on Bed Parts, Steel Tubing
In the Sept. 25 Customs Bulletin (Vol. 53, No. 34), CBP published notices that propose to revoke or modify rulings and similar treatment for headboards, footboards and side rails imported in separate shipments, and steel tubing.
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Comments on Proposals Due Oct. 25
CBP said consideration will be given to any written comments received by Oct. 25 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.
Headboards, Footboards and Side Rails Imported Separately
| Item: Headboards, footboards and side rails imported in separate shipments |
| Current: 9403.50.90, free, "Other furniture and parts thereof: Wooden furniture of a kind used in the bedroom: Other: Other: Beds.” |
| Proposed: 9403.90.70, free, “Other furniture and parts thereof: Parts: Other: Of wood.” |
| Reason: Furniture presented disassembled or unassembled is to be treated as assembled furniture, provided the parts are presented together. When unassembled components are imported as separate items, the components are classified separately. |
| Proposed for revocation: NY N277888 (2016) |
| Proposed new ruling: HQ H285903 |
Steel Tubing
| Item: Steel tubing manufactured in the U.S. then exported to Mexico for powder painting, iron phosphate treatment to inhibit rust, and chemical etching, before being re-imported into the U.S. |
| Current: The country of origin is the U.S. under the applicable tariff shift rule in the NAFTA marking rules, and the steel tubing is not subject to Section 232 tariffs. |
| Proposed: The steel tubing is not substantially transformed in Mexico, so the country of origin is the U.S. and it is not subject to Section 232 tariffs. |
| Reason: When determining the country of origin for purposes of applying current trade remedies under Section 301, Section 232 and Section 201, the substantial transformation analysis is applicable. |
| Proposed for revocation: NY N298549 (2018) |
| Proposed new ruling: HQ H301494 |