March 24 & 31, 2004 CBP Bulletin Notices on Country of Origin Marking for Imported Auto Parts Repackaged for Retail Sale and a Barbecue & Apron Set
In the March 24 and 31, 2004 issues of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 38, No. 13 and 14), CBP issued notices: (a) proposing to modify a ruling regarding the country of origin marking for imported auto parts that are repackaged in the U.S. for retail sale, and (b) revoking a classification ruling on a barbecue and apron set. CBP states that it is also revoking, or proposing to revoke, any treatment it has previously accorded to substantially identical transactions that are contrary to its position in these notices.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
With respect to the revocation, CBP states that this action is effective for merchandise entered or withdrawn from warehouse for consumption on or after May 23, 2004.
CBP also states that any party who has received a contrary ruling or decision on the merchandise that is subject to the proposed modification, or any party involved with a substantially identical transaction, should advise CBP by April 30, 2004, the date that written comments on the proposed ruling 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 this notice.
CBP also states that the proposed modification notice covers any rulings on the subject merchandise that may exist but have not been specifically identified.
Proposed Modification of Ruling
Country of origin marking for imported auto parts that are repackaged in the U.S. for retail sale. CBP states that it is proposing to issue HQ 562867 in order to modify HQ 734491.
In HQ 734491, CBP states that it had determined that, subsequent to repackaging and assuming that the individual auto parts were individually marked with their country of origin, marking a sealed or unsealed retail carton with "Contents Imported/See Article for Country of Origin" or with words to similar effect, would be sufficient to advise the ultimate purchaser of the country of origin of the replacement parts contained within.
However, upon further review of the matter, CBP states that it has determined that such a marking on a sealed retail container is unacceptable unless the sealed container is transparent so as to permit the ultimate purchaser to view the country of origin marking on the article. (CBP notes that where transparent packaging is not used, a sealed container presumably denies the ultimate purchaser the opportunity to view such country of origin information upon a casual examination of the article contained within the sealed container.) CBP is proposing to modify HQ 734491 in order to reflect this determination.
Revocation of Classification Ruling
Barbecue and Apron Set. The merchandise at issue is a "Harley-Davidson Barbecue and Apron Set" which consists of three utensils and a 100% cotton woven apron.
CBP is issuing HQ 966615 in order to revoke NY F84298 and reclassify the barbecue and apron set under HTS 8215.20.0000, which provides for "other sets of assorted articles such as spoons, forks, and similar kitchen or tableware, etc." rather than classifying the three utensils as a set under HTS 8215.20.0000 and the apron separately under HTS 6211.42.0081, which provides for "other women's or girls' garments of cotton."
CBP states that the essential character of the merchandise is imparted by the three utensils, and the set is therefore classified under HTS 8215.20.0000. However, CBP notes that notwithstanding the apron's inclusion as a constituent part of the set for classification purposes under General Rule of Interpretation (GRI) 3(b), the apron is a textile article and remains subject to visa and quota requirements regardless of where the set is classified. Therefore, CBP states that the apron falls within Cat 359, and will remain subject to visa and quota requirements.
(See ITT's Online Archives or 02/09/04 news, 04020935, for BP summary of the proposed revocation, including a complete description of the barbecue and apron set.)
new: 8215.20.0000, the rate of duty applicable to that article in the set subject to the highest rate of duty; previous: 8215.20.0000 (utensils) and 6211.42.0081 (Cat 359) (apron), 8.1%.
March 24, 2004 CBP Bulletin (Vol. 38, No. 13) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_03242004_no13/ (barbecue and apron set)
March 31, 2004 CBP Bulletin (Vol. 38, No. 14) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_03312004_no14/ (country of origin marking)