July 1 CBP Bulletin Proposes to Revoke Rulings on Waxing Kits, Liquid Hand Soaps
In the July 1 issue of the CBP Customs Bulletin (Vol. 49, No. 26) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for the tariff classification of wax depilatory kits and liquid hand soaps containing organic surface-active agents..
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Comments on Proposals Due July 31
CBP said consideration will be given to any written comments received by July 31 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.
Waxing Kits
| Item: A wax depilator kit designed for hair removal. The kit consists of a hand-held electric depilator, wax cartridges, an after-depilation oil, and fabric strips. In operation, the depilator rolls the heated wax onto the skin, and, once this is completed, the user applies the fabric bands to the skin. The bands are then lifted from the skin, thereby removing the hair. |
| Current: 8543.89.9695, 2.9%, (Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter...) (now 8543.70.96, 2.6%) |
| Proposed: 8516.79.00, 2.7%, (Electric instantaneous or storage water heaters and immersion heaters; electric space heating apparatus and soil heating apparatus; electrothermic hairdressing apparatus (for example, hair dryers, hair curlers, curling tong heaters) and hand dryers; electric flatirons; other electrothermic appliances of a kind used for domestic purposes; electric heating resistors, other than those of heading 8545; parts thereof: Other.) |
| Reason: Heading 8543 only covers goods which are not specified or included elsewhere in chapter 85. However, the subject merchandise is more specifically described by the tariff terms of heading 8516 as an other electrothermic appliance of a kind used for domestic purposes. |
| Proposed for revocation: NY D83023 (1998) |
| Proposed new ruling: HQ H241023 |
Liquid Hand Soaps
| Item: Hand and face cleanser, designed to remove oil and dirt from the pores of the skin. The product is a white liquid, containing organic surface-active agents (not aromatic or modified aromatic surface-active agents) and other substances. |
| Current: 3401.20.0000, free, (Soap; organic surface-active products and preparations for use as soap, in the form of bars, cakes, molded pieces or shapes, whether or not containing soap; organic surface-active products and preparations for washing the skin, in the form of liquid or cream and put up for retail sale, whether or not containing soap; paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent: Soap in other forms) |
| Proposed: 3401.30.50, free, (Soap; organic surface-active products and preparations for use as soap, in the form of bars, cakes, molded pieces or shapes, whether or not containing soap; organic surface-active products and preparations for washing the skin, in the form of liquid or cream and put up for retail sale, whether or not containing soap; paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent: Organic surface-active products and preparations for washing the skin, in the form of liquid or cream and put up for retail sale, whether or not containing soap: Other) |
| Reason: As liquid skin cleansers containing organic surface-active agents, both products are described by subheading 3401.30. By extension, they fall outside the scope of subheading 3401.20, which is reserved for soaps lacking such agents. The organic surface-active agents are not aromatic or modified aromatic, so the liquid soap is classifiable under subheading 3401.30.50. |
| Proposed for revocation: NY N249908. |
| Proposed for modification: NY N250161 |
| Proposed new ruling: HQ H1261126 |