Sept. 29 CBP Bulletin Proposes to Revoke Rulings on Fly-Trapping Boards, Barbecue Wood Chips
In the Sept. 30 issue of the CBP Customs Bulletin (Vol. 49, No. 39) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for the tariff classification of fly-trapping glue boards and barbecue wood chips.
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Comments on Proposals Due Oct. 30
CBP said consideration will be given to any written comments received by Oct. 30 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.
Emergency Roadside Kits
| Item: Glue board refills for fly catching product. |
| Current: 3808.91.5000, 5%, (Insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Other: Insecticides: Other: Other.) |
| Proposed: 3808.91.1000, 2.8%, (Insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Other: Insecticides: Fly ribbons (ribbon fly catchers).) |
| Reason: Because the glue boards are a form of fly paper, a term that is interchangeable with fly ribbons, they are specifically described by subheading 3808.91.10. |
| Proposed for revocation: NY N238867 (2013) |
| Proposed new ruling: HQ H261067 |
Barbecue Wood Chips
| Item: Wood chips and combinations of herbs and spices in a gelatinous base. The product is made in several flavorings. |
| Current: 4421.90.9040, 5.1%, (Other articles of wood, other, other.) |
| Proposed: 4401.39.40, Free, (Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms; wood in chips or particles; sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms: Sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms: Other: Other.) |
| Reason: The wood chips qualify as a composite good with separable components (wood chips, mixture of herbs, spices and gelatin base), it must be classified accordingly. Since the herbs and the spices, as well as the wood chips, provide flavoring, which is the primary purpose, CBP is unable say which one of these products gives the subject merchandise its essential character. Under the General Rules of Interpretation, in cases that is unclear what component creates the essential character, the good will be classified under the heading that's last in numerical order. "Since the wood chips are classified under heading 4401, HTSUS, which occurs last in numerical order, we find that the subject merchandise should also be classified under this heading," said CBP. |
| Proposed for modification: HQ 951145 (1992) |
| Proposed new ruling: HQ H263571 |