Sept. 21 CBP Bulletin Proposes to Revoke Rulings on Focaccia, Ground Mats
In the Sept. 21 issue of the CBP Customs Bulletin (Vol. 50, No. 38) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for the classification of focaccia and ground mats.
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Comments on Proposals Due Oct. 21
CBP said consideration will be given to any written comments received by Oct. 21 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.
Focaccia Bread from Italy
| Item: Fully-baked, frozen focaccia flat bread base topped with vegetables |
| Current: 1905.90.9090, 4.5%, “Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa; communion wafers, empty capsules of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products: Other: Other." |
| Proposed: 1905.90.1049, Free, “Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa; communion wafers, empty capsules of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products: Other: Bread, pastry, cakes, biscuits and similar baked products, and puddings, whether or not containing chocolate, fruit, nuts or confectionary: Frozen: Other.” |
| Reason: The original classification was mistaken. |
| Proposed for revocation: NY J89472 (2003) |
| Proposed new ruling: HQ H269056 |
Internally Padded Ground Mats
| Item: Water-resistant ground mats to be used outdoors |
| Current: 6307.90.9889, 7%, “Other made up textile articles, other." |
| Proposed: 9404.90.2000, Free, “Mattress supports; articles of bedding and similar furnishing (for example, mattresses, quilts, eiderdowns, cushions, pouffes and pillows) fitted with springs or stuffed or internally fitted with any material or of cellular rubber or plastics, whether or not covered: Other: Pillows, cushions and similar furnishings: Other." |
| Reason: Because all the mats at issue contain internal padding that bolsters the comfort of the users lying or sitting atop them, they are described as cushions of heading 9404, CBP said. |
| Proposed for revocation: NY N253198 (2014), H82586 (2001), NY G85866 (2001), NY G86314 (2001), NY G86128 (2001), NY F81159 (1999), NY E87993 (1999), NY D80795 (1998), NY 878296 (1992), and NY 849584 (1990) |
| Proposed new ruling: HQ H264344 |