April 21, 2004 CBP Bulletin Notices on Glass-Beaded Artificial Fruit and Foliage and Ink Jet Printer Cartridges
In the April 21, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 38, No. 17), CBP issued notices: (a) modifying or revoking four classification rulings on glass-beaded artificial fruit and foliage, and (b) modifying a classification ruling on ink jet printer cartridges. 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respect to these modifications and revocations, CBP states that these actions are effective for merchandise entered or withdrawn from warehouse for consumption on or after June 20, 2004.
CBP also states that these notices cover any rulings on the subject merchandise that may exist but have not been specifically identified.
Modification or Revocation of Four Classification Rulings
Glass-Beaded Artificial Fruit and Foliage. At issue are certain glass-beaded artificial fruit and foliage.
CBP is issuing HQ 966663 in order to modify NY G89195, HQ 966664 in order to revoke NY I81590, and HQ 966665 in order to revoke NY I82557 and NY I82558. CBP is reclassifying the glass-beaded artificial fruit and foliage under HTS 7018.90.5000 which provides for "other glass beads, etc. and articles thereof, etc." rather than under HTS 6702.10.2000 which provides for "artificial flowers, foliage and fruit and parts thereof, etc. of plastics; assembled by binding with flexible materials such as wire, paper, textile materials, or foil, or by gluing or by similar methods."
CBP states that artificial fruit is generally classified under HTS 6702. However, Note 3(a) to Chapter 67 states that HTS 6702 does not cover articles of glass and directs that such an article be classified in Chapter 70. Among other things, CBP states that because these glass-beaded artificial fruit and foliage items are substantially covered with glass beads on their surface that effectively hide from view most or all of the other materials used in their construction, they are articles of glass classified in HTS 7018.90.5000.
(See ITT's Online Archives or 03/01/04 news, 04030155, for BP summary of the proposed rulings, including a complete description of the items at issue.)
new: 7018.90.5000, 6.6%; previous: 6702.10.2000, 8.4%.
Modification of Classification Ruling
Ink Jet Printer Cartridges. At issue are Hewlett Packard 51649A printer cartridges to be used in ink jet printers in conjunction with automatic data processing machines.
CBP is issuing HQ 966222 in order to modify HQ 963301, and any other ruling not specifically identified, to reflect the proper rationale for classification of the ink jet printer cartridges pursuant to the analysis set forth in HQ 966222. CBP notes that HQ 966222 has no effect on the classification determination made in HQ 963301.
CBP sources have previously stated that HQ 966222 would modify HQ 963301 in order to replace certain references to "laser" printers with "ink jet" printers. As a result of this language modification, conforming changes would be made to HQ 963301, such as modifying which court decisions and previous CBP rulings are cited, etc.
In its ruling, CBP states that HQ 966222 has no effect on the entries that were the subject of the protest at issue in HQ 963301, as CBP no longer has jurisdiction over those entries.
(See ITT's Online Archives or 03/03/04 news, 04030335, for BP summary of the proposed ruling.)
April 21, 2004 CBP Bulletin (Vol. 38, No. 17) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_04212004_no_17/