Nov. 29 CBP Bulletin Proposes to Modify Rulings on Concealer Powders, Hair Snap Clips
In the Nov. 29 Customs Bulletin (Vol. 51, No. 48), CBP published notices that propose to modify rulings and similar treatment for concealer and bronzer powders and metal hair snap clips.
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Comments on Proposals Due Dec. 27
CBP said consideration will be given to any written comments received by Dec. 27 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.
Concealer and Bronzer Powders
| Item: Bulk cosmetic powders from the U.S. sent to China, where it is measured and compressed into individual metal pans, which are placed/glued into a compact |
| Current: 3304.99.5000, Free, "Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or suntan preparations; manicure or pedicure preparations: Other." |
| Proposed: 3304.91.00, Free, “Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations: Other: Powders, whether or not compressed." |
| Reason: Because the instant concealer and bronzer powders are prima facie classifiable in subheading 3304.91.00 as powders, whether or not compressed, they are not classifiable in subheading 3304.99.50, CBP said. |
| Proposed for revocation: NY J86656 (2003) |
| Proposed new ruling: HQ H281812 |
Metal Hair Snap Clips
| Item: Metal hair clips |
| Current: 9615.90.3000, 5.1%, "Combs, hair-slides and the like; hairpins, curling pins, curling grips, hair-curlers and the like, other than those of heading 8516, and parts thereof: Other: Hair pins.” |
| Proposed: 9615.19.6000, 11%, “Combs, hair-slides and the like; hairpins, curling pins, curling grips, hair-curlers and the like, other than those of heading 8516, and parts thereof: Combs, hair-slides and the like: Other: Other.” |
| Reason: The clips are unlike a hairpin or bobby pin in that it is always in the “closed” position, in which there is constant pressure by one prong against the other. |
| Proposed for modification: NY N096966 (2010) |
| Proposed new ruling: HQ H284338 |