March 10, 2004 CBP Bulletin Notices on Textile Tool Holders and Certain Metal Couplings and Connectors

CBP states that any party who has received a contrary ruling or decision on the merchandise that is subject to the proposed revocations or modification, or any party involved with a substantially identical transaction, should advise CBP by April 9, 2004, the date that written comments on these proposed rulings are due.

Furthermore, CBP states that 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 agent for importations subsequent to the effective date of the final decision in these notices.

CBP also states that these notices cover any rulings on the subject merchandise that may exist but have not been specifically identified.

Proposed Revocation and Modification of Three Classification Rulings

Textile Tool Holders. At issue are three types of textile tool holders:

Tool bucket organizer¹ - This "Bucket Organizer," style number 56, is made of 100% polyester woven textile fabric that has been visibly coated on one side (the inner surface) with polyvinyl plastic. It is designed to fit inside and around the outside of a 5-gallon bucket, and features 10 outside pockets and 4 inside pockets. The organizer has corner textile straps with a metal snap fastener to secure it to the bucket. (proposed HQ 966830)

Tool bucket organizer² - This tool caddy is commonly known as a bucket organizer or "bucket pockets." It is designed to be placed over a bucket to organize tools. The exterior surface consists of a fabric backed embossed compact plastic sheeting, and there are eight pockets of textile mesh material that cover the width of the organizer. (proposed HQ 966907)

Garden bucket tool caddy - This garden bucket tool caddy is made of woven textile fabric, and is designed to fit around the outside of a 5-gallon bucket. It features open pockets that cover the width of the caddy, and also has a compartment to store packages of seeds. A corner strap with hook and loop fastener secures the caddy to the bucket. (proposed HQ 966908)

CBP is proposing to issue HQ 966830 and HQ 966908 in order to revoke NY J80360 and NY J81807, respectively, and reclassify the subject tool bucket organizer¹ and garden bucket tool caddy under HTS 4202.92.9026 as "a tool bag or similar container, with an outer surface of textile materials of man-made fibers" rather than under HTS 6307.90.9889 which provides for "other made up articles, etc."

CBP is also proposing to issue HQ 966907 in order to modify NY G85500 and reclassify the subject tool bucket organizer² under HTS 4202.92.9026 rather than under HTS 6307.90.9989 (2001) which provided for "other made up articles, etc."

CBP explains that in light of the court's rationale in Rooster Products, Inc. v. U.S., it is clear that the scope of HTS 4202 is broad enough to encompass all forms of tool bags, including the tool bucket organizers and garden tool bucket caddy at issue in these proposed rulings. Accordingly, CBP states that the tool bucket organizers and garden tool bucket caddy should be classified under HTS 4202.92.9026.

proposed: 4202.92.9026 (Cat 670), 17.6%;

current: 6307.90.9889, 7% (tool bucket organizer¹ and the garden tool bucket caddy);

6307.90.9989 (2001), 7% (tool bucket organizer²)

Proposed Revocation of Two Classification Rulings

Certain Metal Couplings and Connectors. According to CBP, at issue in proposed HQ 966958 are certain zinc-plated steel compression fittings, described as connectors for junction boxes. Included are metallic setscrew connectors, metallic setscrew couplings, metallic compression connectors, and metallic compression fittings. The items are manufactured from mild steel and are zinc-plated, and are used to connect conduits together.

At issue in proposed HQ 966965 are certain zinc couplings and connectors described as (1) " compression coupling, (2) " screw coupling, (3) " compression connector, and (4) " screw connector. These items are used in the electrical field and have many universal applications. All are made of Zamac 3, which is a zinc die cast.

CBP is proposing to issue HQ 966958 in order to revoke NY I81109 and classify the threaded couplings under HTS 7307.92.30 which provides for "threaded sleeves (couplings)" and the other fittings under HTS 7307.99.50 as "other tube or pipe fittings (e.g., couplings, elbows, sleeves), of iron or steel;" rather than under HTS 7326.90.85 as "other articles of iron or steel."

CBP is also proposing to issue HQ 966965 in order to revoke NY A82216 and reclassify the certain zinc couplings and connecters under HTS 7906.00.0000 as "zinc tubes, pipes and tube or pipe fittings (e.g., couplings, elbows, sleeves)" rather than under HTS 7907.00.6000 as "other articles of zinc."

According to CBP, new information has been presented that indicates that the merchandise at issue in these proposed rulings serves to connect the bores of two tubes together or to connect a tube to some other apparatus (i.e., a junction box). Therefore, CBP states that the subject merchandise should be classified as described above.

Regarding proposed HQ 966958, CBP notes that some of the fittings are threaded, which indicates that the connection is made by screwing. These connectors and couplings should be classified under HTS 7307.92.30. The other fittings of nonalloy steel where the connection is not threaded (e.g., compression connectors) should be classified in HTS 7307.99.50.

proposed: 7307.92.30, duty-free; 7307.99.50, 4.3%; 7906.00.0000, 3%;

current: 7326.90.85, 2.9%; 7907.00.6000, 3%.

March 10, 2004 CBP Bulletin (Vol. 38, No. 11) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_03102004_no11/