July 3 CBP Bulletin Proposes to Revoke Rulings on Child Bicycle Seats, Wine Bottle Bags
In the July 3 issue of the CBP Customs Bulletin (Vol. 47, No. 28), CBP published two notices that propose to modify rulings and similar treatment regarding the tariff classification of child bicycle seats and wine bottle bags.
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Comments on Proposed Revocations Due Aug. 2
CBP said consideration will be given to any written comments received by Aug. 2 before taking this action. In addition, any party who has received a ruling or decision on the merchandise that is subject to the proposed revocations, or any party involved with a substantially identical transaction, should advise CBP by the date that written comments on the proposed ruling are due. (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 agents for importations subsequent to the effective date of the final decision in this notice.)
Proposed Revocations
CBP is proposing to revoke the rulings below, and any rulings on these products that may exist but have not been specifically identified. CBP is also proposing to revoke or modify any treatment it has previously accorded to substantially identical transactions.
Child Bicycle Seats
| Item: Bicycle Seats for Children.The Cocoon Child Carrier, is a seat that attaches to the rear rack of an adult’s bicycle. The seat comprises a plastic bucket with textile seat pad. A chest harness and a Velcro seat belt are provided to strap the child safely in the bucket. The child seat will be sold only partially assembled. Carrier knobs, textile pads, rack hardware and instruction manual will be imported from China. Reflector with mounting hardware will be imported from Taiwan. These foreign parts will be combined with American-made components [molded plastic seat, foot rests and safety bar] and packaged together in one box for retail sale. The consumer must complete assembly of the seat at home. |
| Current: 9401.90.3500, Free, (Seats (other than those of heading 9402) whether or not convertible into beds, and parts thereof: Parts: Other: Of rubber or plastics.) Country of origin marking: After the foreign components have been packaged with the American-made components and before purchase by the consumer, the correct country of origin marking should state “Made in the United States with additional components from China and Taiwan.” |
| Proposed: 8714.99.8000, 10% (Parts and accessories of vehicles of headings 8711 to 8713, other, other, other.) Country of origin marking: The components of foreign origin must be individually marked at importation. When the importer files the entry summary, the importer must also file a certificate for the country of origin marking of articles to be repacked. The marking of each foreign component must be visible through the retail container, or else the retail container must be marked to indicate the country of origin of each foreign component. |
| Reason: Although not requested, CBP originally ruled on the tariff classification of the subject merchandise. CBP now finds the tariff classification determination in that ruling to be incorrect and that a 2005 ruling should apply, it said. As for country of origin marking, because the retail purchaser is the ultimate purchaser of the imported parts, the Chinese components must be marked at importation a conspicuous country of origin marking at retail sale, the agency said. Since the importer knows that the foreign components will be repacked after importation, the importer must submit the certification to the port at the same time that the entry summary is filed. At retail sale, the country of origin marking of the foreign components must either be visible through the retail container or else the outside of the retail container must state the country of origin of each component. |
| Proposed for revocation: NY N015337 (2007) |
| Proposed new ruling: HQ H234565 |
Wine Tote Bags
| Item: Wine Bottle Bags. The bag is a shopping-style tote bag constructed with an outer surface of non-woven polypropylene textile material. The bag has an open top and double carrying handles. The interior is divided into six sections for individual wine bottles. The shopping bag is of durable construction and capable of repetitive use. |
| Current: 4202.92.3031, 17.6% (travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other) |
| Proposed: 4202.92.90, 17.6% (Trunks, suitcases, vanity cases, attache cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; traveling bags, insulated food or beverage bags, toiletry bags, knapsacks and backpacks, handbags, shopping bags, wallets, purses, map cases, cigarette cases, tobacco pouches, tool bags, sports bags, bottle cases, jewelry boxes, powder cases, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanized fiber or of paperboard, or wholly or mainly covered with such materials or with paper: Other: With outer surface of sheeting of plastic or of textile materials: Other: Other.) |
| Reason: The wine bags in question are different than designed for carrying clothing and other personal effects during travel. That classification specifically excludes bottle cases, said CBP. |
| Proposed for revocation: NY N025633 (2008) |
| Proposed new ruling: HQ H236029 |