Jan. 20 CBP Bulletin Proposes to Revoke Rulings on Aluminum Composite Sheets, Metal Restocking Carts
In the Jan. 20 issue of the CBP Customs Bulletin (Vol. 50, Nos. 2 and 3) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for aluminum composite sheets and metal restocking carts.
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Comments on Proposals Due Feb. 19
CBP said consideration will be given to any written comments received by Feb. 19 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.
Aluminum Composite Sheets
| Item: Aluminum composite sheets, consisting of one polyethylene layer bonded between two aluminum sheets and having peelable plastic protective film on both sides |
| Current: 7607.19.3000, 5.7%, (Aluminum foil (whether or not printed, or backed with paper, paperboard, plastics, or similar backing materials) of a thickness (excluding any backing) not exceeding 0.2 mm: Not backed: Other: Cut to shape, of a thickness not exceeding 0.15 mm); 7607.19.6000, 3%, (“Aluminum foil (whether or not printed, or backed with paper, paperboard, plastics, or similar backing materials) of a thickness (excluding any backing) not exceeding 0.2 mm: Not backed: Other: Other) |
| Proposed: 7607.20.50, free, (Aluminum foil (whether or not printed, or backed with paper, paperboard, plastics or similar backing materials) of a thickness excluding any backing) not exceeding 0.2 mm: Backed: Other) |
| Reason: The polyethyelene layer sandwiched between the two sheets of aluminum foil constitutes a backing. |
| Proposed for modification: NY N230615 (2012) |
| Proposed for revocation: NY N200119 (2012) |
| Proposed new ruling: HQ H244174 |
Metal Restocking Carts
| Item: A backroom restocking cart. The steel, rectangular, four-wheeled cart measures approximately 6 or 7 feet high by 5 feet wide with five platform shelves and four steel posts, one at each corner. |
| Current: 8716.80.50, 3.2%,(Trailers, and semi-trailers, other vehicles, not mechanically propelled; ...: Other vehicles: Other: Other) |
| Proposed: 9403.20.00, free, (Other furniture and parts thereof: Other metal furniture: Other: Counters, lockers, racks, display cases, shelves, partitions and similar fixtures) |
| Reason: The carts are not vehicles constsructed for the purposes of transportation from one location to the other. Rather, they are ordinarily used by retail establishments to store items prior to being displayed for customer purchase. They have multiple shelves for holding merchandise, and the sides are completely open for clear viewing of goods, making them suitable for display purposes. The carts may have a secondary use such as moving or distributing goods throughout a store, for stocking purposes. However, this intra-store movement is not equivalent to the long-haul movement associated with the trailers of heading 8716. |
| Proposed for revocation: NY N019321 |
| Proposed new ruling: HQ H269233 |