June 1 CBP Bulletin Has 1 Notice on Proposed Ruling Actions
In the June 1, 2011 issue of the U.S. Customs and Border Protection Bulletin (Vol. 45, No. 23), CBP published a notice that proposes to modify or revoke rulings regarding the tariff classification of certain battery-operated paint rollers.
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Comments on Proposed Ruling due July 1
CBP states that any party who has received a ruling or decision on the merchandise that is subject to the proposed modification or revocation, or any party involved with a substantially identical transaction, should advise CBP by July 1, 2011, the date that written comments on the 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 this notice.
Proposed Modification and Revocation
CBP states that this proposed modification and revocation cover the below ruling, and any rulings on this product 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.
Two Battery-Operated Paint Rollers (Composite Goods)
| Item: The TurboRoll Battery Paint Roller is considered a composite good and consists of a rotating cylinder covered with an absorbent material, which is mounted to a handle A motorized pump moves a continuous flow of paint through the cylinder to the roller. Another product similar to the TurboRoll, the Wagner Cordless Power Roller, is also a hand-held paint roller that is fitted with a battery-operated pump, which pumps paint from a storage container directly to the roller. |
| Current: TurboRoll 9603.40.2000, 7.5% (paint rollers via GRI 3(b)) Wagner 8413.50.0090, 3% (other reciprocating pumps) |
| Proposed: TurboRoll 9603.40.2000, 7.5 % (paint rollers via GRI 1) Wagner 9603.40.2000, 7.5% (paint rollers) |
| Reason: CBP previously classified the TurboRoll under heading 9603 because, pursuant to GRI 3(b), it found that the essential character of the good was imparted by the paint roller component that applies the paint to the surface being painted. CBP now states that the TurboRoll is an improved version of the traditional paint roller and therefore, should properly be classified by operation of GRI 1 in heading 9603. CBP also previously ruled that the Wagner's essential character was imparted by the pump, but now states that the Wagner is substantially similar to the TurboRoll and should also be classified as a paint roller under heading 9603 by operation of GRI 1. |
| Proposed for modification: NY N042191 Proposed for revocation: NY 870922 Proposed new ruling: HQ H050436 |
(See ITT's Online Archives or 06/06/11 news, 11060603, for BP summary of the June 1 Bulletin notices modifying/revoking two rulings.)