July 23 CBP Bulletin Proposes to Revoke, Modify Rulings on Ceramic Novelty Drinking Vessels, Dumplings

July 29, 2014 by Tim Warren|Customs

In the July 23 issue of the CBP Customs Bulletin (Vol. 48, No. 29), CBP published notices that propose to modify or revoke rulings and similar treatment for the tariff classification of ceramic drinking vessels and dumplings.

Sign up for a free preview to unlock the rest of this article

If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.

Start My Free Preview

Comments on Proposals Due Aug. 22

CBP said consideration will be given to any written comments received by Aug. 22 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.)

Proposals

CBP is proposing to revoke or modify 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.

Ceramic Drinking Vessels

Item: Two types of dolomite ceramic novelty drinking vessels. The first item is identified as the “Paris Balloon” and is in the shape of a hot air balloon. The upper portion of the item is spherical in shape, representing the balloon, with a removable lid that incorporates a hole for placement of a straw. The base is colored black, with a raised depiction of the Eiffel Tower surrounded by fireworks. The second item is identified as the “Med Times Knights Head Gold” and is in the shape of an armored knight’s head, including the neck, chest and shoulders. The item is colored metallic gold and features a handle and a removable lid that incorporates a hole for placement of a straw. Across the knight’s chest are the words “Medieval Times” in raised letters.

Current: 6912.00.2000, 28%, (Ceramic tableware, kitchenware … other than of porcelain or china: Tableware and kitchenware: Other: Hotel or restaurant ware and other ware not household ware)

Proposed: Paris Balloon: 6912.00.48, 9.8%, (Ceramic tableware, kitchenware ... other than of porcelain or china: Tableware and kitchenware: Other: Other: Other: Other)

Med Times Knights Head Gold: 6912.00.44, 10%, (Ceramic tableware, kitchenware ... other than of porcelain or china: Tableware and kitchenware: Other: Other: Other: Drinking Vessels and other steins)

Reason: The physical characteristics of the merchandise and the ultimate expectations of the patrons who purchase such articles indicate that the vessels are not principally used as hotel or restaurant ware and are therefore not classifiable as 6912.00.20. The “Paris Balloon” does not possess a handle, and the diameter of the vessel at its lip is bigger than the width of its base, meaning that it does not meet the definition of the term "mug," and is instead provided for in heading 6912.00.48. The "Med Times Knights Head" does have the general appearance and proportions of a mug and can be classified under 6912.00.44, said CBP.

Proposed for revocation: NY N131398 (2010)

Proposed new ruling: HQ H217616

Asian Dumplings

Item: Asian Dumplings. Turkey shomai, chicken wontons and shrimp har gow imported from Hong Kong.

Current: Turkey shomai: 1602.31.0020, 10%, (Other prepared or preserved meat, meat offal or blood: of poultry of heading 0105: of turkeys: prepared meals.)

Wontons and Har grow: 1605.20.0510, 10% (Prepared or preserved fish ... .: shrimps and prawns: products containing fish meat; prepared meals: in airtight containers)

Proposed: 1902.20.00, 6.4%, (Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagna, gnocchi, ravioli, cannelloni…: Stuffed pasta, whether or not cooked or otherwise prepared.)

Reason: Stuffed pasta is always classified in heading 1902. Stuffed pasta consists of a semolina or flour dough jacket stuffed with meat, fish or other substances. The turkey shomai, chicken wontons, shrimp har gow and shrimp pot stickers all consist of a flour dough jacket stuffed with turkey, chicken and/or shrimp. Like frozen ravioli, the subject merchandise is molded into specific shapes, cooked and frozen, said CBP.

Proposed for modification: HQ 086283 (1990), NY M86459 (2006)

Proposed new ruling: HQ H199095