May 20 CBP Bulletin Proposes to Revoke Rulings on Garden Spreaders
In the May 20 Customs Bulletin (Vol. 54, No. 19), CBP published notices that propose to revoke rulings and similar treatment for garden spreaders and hand-held spreaders.
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Comments on Proposals Due June 19
CBP said consideration will be given to any written comments received by June 19 before taking this action. In addition, any party that 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.
Garden Spreaders
| Item: Garden spreader made of plastic with a rotary handle that is turned by the operator to spread the seeds |
| Current: 3924.90.5500 3.4%, “Other household articles...of plastics: other, other.” |
| Proposed: 8479.89.9499, 2.5%, “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof; Other machines and mechanical appliances: Other: Other: Other.” |
| Reason: The “mechanical rotary function of the instant merchandise is described in heading 8479 as an individual function of a machine or mechanical appliance,” CBP said. “As such, it is described in subheading 8479.89.9499 as 'an other mechanical appliance' and cannot be classified under chapter 39.” |
| Proposed for revocation: NY F89845, dated Aug. 2, 2000 |
| Proposed for modification: NY K83210, dated March 5, 2004 |
| Proposed new ruling: HQ H306890 |