Dec. 11 CBP Bulletin Proposes to Revoke Rulings on Plastic Coolers, Chemical Compounds
In the Dec. 11 Customs Bulletin (Vol. 53, No. 45), CBP published notices that propose to revoke or modify rulings and similar treatment for rigid plastic coolers and multiple types of chemical compounds.
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Comments on Proposals Due Jan. 10
CBP said consideration will be given to any written comments received by Jan. 10 before taking this action. 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.
Rigid Plastic Coolers
| Item: Multiple types of plastic coolers |
| Current: Heading 9403, “Other furniture and parts thereof,” or heading 3923, “an article for the conveyance or packing of goods, of plastics,” or heading 3924, “tableware, kitchenware...of plastics.” |
| Proposed: 4202.12.2120, 20%, “Trunks, suitcases, vanity cases, attache cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers: With outer surface of plastics or of textile materials: With outer surface of plastics: Trunks, suitcases, vanity cases and similar containers: Structured, rigid on all sides.” |
| Reason: The subject merchandise is “of the same kind” as the enumerated articles in heading 4202, as it is used by consumers to store, organize, and protect (through insulation) food and beverages, while traveling, CBP said. “Additionally, coolers and the enumerated articles share physical characteristics; they are rectangular containers with hinged tops and a single compartment for storing specific items, such as food, beverages, clothes, a specific musical instrument, etc.” |
| Proposed for modification: NY N285560 (2017) |
| Proposed for revocation: HQ 085323 (1984), NY N024773 (2008), NY N259674 (2014), NY N262814 (2015), N263691 (2015), N276904 (2016) |
| Proposed new ruling: HQ H305292 |
Doramectin, Ivermectin, Abamectin Technical, and Milbemectin Technical
| Item: Pharmaceutical and insecticide products |
| Current: Doramectin as 2941.90.50, “Antibiotics: Other: Other: Other.” Ivermectin, Abamectin Technical, and Milbemectin Technical as 3824.90.91, Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included; residual products of the chemical or allied industries, not elsewhere specified or included: Other: Other: Other: Other: Other.” |
| Proposed: Doramectin, 2932.20.50, 3.7%, “Heterocyclic compounds with oxygen hetero-atom(s) only: Lactones: Other: Other.” Doramectin and Ivermectin are listed in the Pharmaceutical Appendix to HTSUS 2019 and are therefore duty free. Abamectin Technical, and Milbemectin Technical, 3808.99.95, 5%, “Insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Other: Other: Other: Other: Other.” Subheading 3808.99.95 is also subject to the Section 301 tariffs on goods from China. |
| Reason: Both Doramectin and Ivermectin are part of a class of compounds known as Avermectins, which are parasiticides used to treat primarily heartworm and mite infestations such as scabies, which are not classifiable as antibiotics. Abamectin Technical and Milbemectin Technical possess insecticidal properties. They are an intermediate preparation of heading 3808, Harmonized Tariff Schedule of the U.S., because they will be mixed with water or alcohol to prepare the final formulation. Accordingly, the Abamectin Technical and Milbemectin Technical are both classifiable in heading 3808. |
| Proposed for modification: NY H87465 (2002) |
| Proposed for revocation: NY 869250 (1992), NY H85785 (2002), NY K86757 (2004) |
| Proposed new ruling: HQ H303359 |