April 7, 2004 CBP Bulletin Notices on Certain Waterproof Clogs, Certain Aluminum Compounds & Salt, and Certain Voice and Data Terminal Blocks
In the April 7, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 38, No. 15), CBP issued notices: (a) revoking two classification rulings on certain waterproof clogs, (b) revoking two classification rulings on certain aluminum compounds and salt, and (c) revoking two classification rulings on certain voice and data terminal blocks. CBP states that it is also revoking any treatment it has previously accorded to substantially identical transactions that are contrary to its position in these notices.
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With respect to these revocations, CBP states that these actions are effective for merchandise entered or withdrawn from warehouse for consumption on or after June 6, 2004.
CBP also states that these notices cover any rulings on the subject merchandise that may exist but have not been specifically identified.
Revocation of Two Classification Rulings
Certain Waterproof Clogs. According to CBP, the merchandise at issue in these rulings is a slip-on, clog-type shoe with a molded 100% rubber upper and outer sole. For the subject clogs in HQ 966827, the wearer's heel would be completely exposed when worn, and for the subject clogs in HQ 966835, the wearer's heel would be partially exposed when worn.
CBP is issuing HQ 966827 in order to revoke NY J87291 and classify the clogs under HTS 6401.99.8000 as "other waterproof footwear, etc." rather than under HTS 6401.99.3000, which provides for "other waterproof footwear, etc. designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather which are designed for use without closures."
In response to a comment identifying a ruling on substantially similar merchandise, CBP is also issuing HQ 966835 in order to revoke PD H87387 and classify the subject clogs under HTS 6401.99.8000 rather than under HTS 6401.99.3000.
In light of CBP's analysis and of the fact that the clogs constitute open-heeled footwear, CBP finds that the clogs are not designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather. Therefore, the clogs are classified under HTS 6401.99.8000.
(See ITT's Online Archives or 02/02/04 news, 04020255, for BP summary of proposed HQ 966827, including a complete description of the clogs.)
new: 6401.99.8000, duty-free; previous: 6401.99.3000, 25%.
Revocation of Two Classification Rulings
Certain Aluminum Compounds and Salt. According to CBP, at issue in these revocations are the following:
| HQ 966773: | |
| (A) bis [4-(1,1-dimethylethyl) benzoato-o] hydroxy aluminum | CAS 13170-05-3 |
| (B) AL-PTBBA | CAS 4067-14-5 |
| HQ 966774: | |
| (C) Bismethylethylbenzoatohydroxy aluminum | CAS 13170-05-3 |
| (D) para-t-Butylbenzoic acid aluminum salt | CAS 4067-14-5 |
CBP is issuing HQ 966773 in order to revoke NY 867971 and classify B and all other substances assigned its CAS number under HTS 2916.39.7500 which provides for "other aromatic monocarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives;" while A and all other substances assigned its CAS number will remain classified under HTS 2916.39.4500 which provides for "products described in Additional U.S. Note (AUSN) 3 to Section VI;" rather than classifying both A and B as one substance under HTS 2916.39.4500.
CBP is also issuing HQ 966774 in order to revoke NY B80857 and classify D under HTS 2916.39.7500 rather than under HTS 2916.39.4500. However, C will remain classified under HTS 2916.39.4500.
CBP states that these corrections are being made because in NY 867971, only one substance was identified when there were actually two, and regarding NY B80857, CBP states that it has discovered that C and D are two different substances with two different CAS numbers.
(See ITT's Online Archives or 02/17/04 news, 04021750, for BP summary of the proposed rulings.)
| new: | 2916.39.4500, 6.5% | (A) and (C) |
| 2916.39.7500, 6.5% | (B) and (D) | |
| previous: | 2916.39.4500, 6.5% | all |
Revocation of Two Classification Rulings
Certain Voice and Data Terminal Blocks. At issue are two voice and data telecommunications products that are referred to as terminal blocks.
CBP is issuing HQ 966674 in order to revoke NY F86670 and NY F86672 and classify the terminal blocks under HTS 8536.90.4000 as "terminals, etc." rather than under HTS 8536.90.80 as "other electrical apparatus for switching or protecting electrical circuits, etc."
CBP explains that based on the information submitted, it finds that terminal blocks are devices at the end of a wire or a cable used for connecting electrical circuits together. Accordingly, consistent with the description provided in Explanatory Note (EN) 85.36, Section (III)(B), CBP concludes that terminal blocks can be considered as electrical terminals. Thus, CBP states that the terminal blocks are classified under HTS 8536.90.4000.
(See ITT's Online Archives or 02/11/04 news, 04021150, for BP summary of the proposed rulings, including a complete description of the terminal blocks.)
new: 8536.90.4000, duty-free; previous: 8536.90.80, 2.7%.
April 7, 2004 CBP Bulletin (Vol. 38, No. 15) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_04072004_no15/