Sept. 4 CBP Bulletin Proposes to Revoke Rulings on Travel Coffee Cups, File Organizers
In the Sept. 4 issue of the CBP Customs Bulletin (Vol. 47, No. 28), CBP published two notices that propose to revoke rulings and similar treatment for the tariff classification of ceramic travel coffee cups and file organizers.
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Comments on Proposed Revocations Due Oct. 4
CBP said consideration will be given to any written comments received by Oct. 4 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.
Travel Coffee Cups
| Item: Ceramic travel coffee cups. The cups are made to hold up to 14 ounces of liquid and feature a double-walled construction in order to insulate the beverage. |
| Current: 6912.00.4810, 9.8%, (Ceramic tableware, kitchenware…other than of porcelain or china: Tableware and kitchenware: Other: Suitable for food or drink contact.) |
| Proposed: 6912.00.41, 3.9%, (Ceramic tableware, kitchenware … other than of porcelain or china: tableware and kitchenware: other: tumblers.) |
| Reason: The ceramic travel coffee cup is a tumbler because the cup has a tapering cylindrical shape and therefore properly classified under subheading 6912.00.41, which provides for ceramic tumblers, said CBP. |
| Proposed for revocation: NY N172535 (2011), NY N153980 (2011) |
| Proposed new ruling: HQ H195957 |
File Organizers
| Item: Expanding File Organizer. The “19 Pocket Expanding File Organizer” has a design-printed and surface-colored exterior constructed of a rigid, paperboard. The container is designed with a fold-over lid that has a metal carry handle and twist lock. |
| Current: 4819.60.0000, Free, (Box files, letter trays, storage boxes and similar articles, of a kind used in offices, shops or the like) |
| Proposed: 4202.19.00, 20% (“Trunks, suitcases, vanity cases, attaché cases, briefcases ….: Trunks, suitcases, vanity cases, attaché cases …: Other …) |
| Reason: The file organizer shares the same characteristics of organization, protection and the ability as the named containers of heading 4202, said CBP. As a result, it cannot be classifiable under heading 4819, as defined by the General Rules of Interpretation.. |
| Proposed for revocation: NY N073247 (2009) |
| Proposed new ruling: HQ H235455 |