Sept. 2 CBP Bulletin Proposes to Revoke Rulings on Gold Flakes, Anti-Theft Devices
In the Sept. 2 issue of the CBP Customs Bulletin (Vol. 49, No. 33) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for the tariff classification of unwrought gold flakes and nuggets and an anti-theft device.
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.
Comments on Proposals Due Oct. 2
CBP said consideration will be given to any written comments received by Oct. 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 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.
Gold Flakes and Nuggets
| Item: Unwrought gold flakes and nuggets. |
| Current: 7108.12.50, 4.1%, (Gold (including gold plated with platinum) unwrought or in semimanufactured forms, or in powder form: Nonmonetary: Other unwrought forms: Other ....) |
| Proposed: 7108.12.10, free, (Gold (including gold plated with platinum) unwrought or in semimanufactured forms, or in powder form: Nonmonetary: Other unwrought forms: Bullion and Dore: Other.) |
| Reason: The nuggets and flakes are “uncoined gold ... in the mass considered as so much metal without regard to any value imparted to it by its form." As such, they are gold in unwrought form that is nonmonetary and meets the definition of “bullion." Unwrought gold powder subject to NY N024842 is not at issue, so NY N024842 remains in effect with regard to unwrought gold powder. |
| Proposed for modification: NY N024842 (2008) |
| Proposed new ruling: HQ H244570 |
Anti-Theft Device
| Item: A plastic anti-theft device containing an ink cartridge, used for preventing theft of clothes. The ink capsule is attached with a steel pin to clothing or other items in department stores. If unauthorized persons try to remove the pin, the ink will leak onto the clothing. |
| Current: 3215.90.5000, 1.8%, (Printing ink, writing or drawing ink and other inks, whether or not concentrated or solid: Other: Other.) |
| Proposed: 3926.90.9995, 5.3%, (Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other.) |
| Reason: The plastic portion imparts the anti-theft device's essential character. It predominates by bulk and weight, and although the device cannot operate without the plastic, it still may deter theft without ink simply by appearing on the article of apparel. |
| Proposed for revocation: NY 888345 (1993), NY C84082 (1998), NY 885120 (1993) |
| Proposed new ruling: HQ H080818 |