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June 10 CBP Bulletin Proposes to Modify Rulings on ATV Tires, Cable Locks

In the June 10 issue of the CBP Customs Bulletin (Vol. 49, No. 23) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for the tariff classification of all-terrain vehicle tires and cable locks.

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Comments on Proposals Due July 10

CBP said consideration will be given to any written comments received by July 10 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 modifications, 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 any treatment it has previously accorded to substantially identical transactions.

Tires for ATVs

Item: Several types of Goodyear Dunlop tires for ATVs
Current: 4011.10.10 or 4011.10.50, Duty rates depend on radial construction, (New, pneumatic tires, of rubber, of a kind used on motor cars (including station wagons and racing cars)
Proposed: 4011.69.00, Free, (New pneumatic tires, of rubber: Other, having a “herring-bone” or similar tread: Other.)
Reason: The tire treads of the tires at issue are thus designed for rough terrain conditions rather than on-road use. Therefore, the ATV tires are not of a kind principally used on motor cars.
Proposed for revocation: HQ 966112 (2003)
Proposed new ruling: HQ H220277

Cable Locks

Item: Combination locks with a cable made of vinyl-coated, braided steel wire.
Current: 8301.10.5000, 3.6%, (Padlocks and locks (key, combination or electrically operated), of base metal...padlocks, not of cylinder or pin tumbler construction, over 6.4 cm in width.)
Proposed: 8301.10.20, 2.3%, (Padlocks and locks (key, combination or electrically operated), of base metal; clasps and frames with clasps, incorporating locks, of base metal; keys and parts of any of the foregoing articles, of base metal: Padlocks: Not of cylinder or pin tumbler construction: Not over 3.8 cm in width.)
Reason: CBP previously measured the locks incorrectly.
Proposed for modification: NY N113938 (2010), NY N077520 (2009)
Proposed new ruling: HQ H242605