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July 3 CBP Bulletin Proposes to Revoke Rulings on Aquadoodle Drawing Toy

In the July 3 issue of the CBP Customs Bulletin (Vol. 47, No. 28), CBP published a notices that proposes to revoke rulings and similar treatment regarding the tariff classification of Aquadoodle draw and doodle mats.

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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.

Aquadoodle Draw And Doodle

Item: Aquadoodle Drawing Toys. The Aquadoodle products are textile fabric mat packaged with two marker pens that are intended to be filled with water before use and used by children. When the water-filled pens touch the mat, the water causes the mat to change color so that a child can write or draw on the mat without making a mess. When the water dries, the marks on the mat disappear and the child can draw on a clean mat again..
Current: 6307.90.9889, 7%, ([o]ther made up articles, including dress patterns: [o]ther: [o]ther: [o]ther: [o]ther: [o]ther.))
Proposed: 9503.00.00, Free, (Tricycles, scooters, pedal cars and similar wheeled toys; dolls’ carriages; dolls, other toys; reduced-scale (“scale”) models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof…)
Reason: Aquadoodle products are sold by toy stores and in the toy department of stores, which indicates that the toy industry recognizes Aquadoodle products as toys. The water pens and mat are considered to be parts, as neither item could function properly without the other.
Proposed for revocation: HQ W968020 (2006), HQ H050118 (2010), NY N091640 (2010), NY R03958 (2006), and NY L885729 (2005)
Proposed new ruling: HQ H236028