July 22 CBP Bulletin Proposes to Revoke Ruling on Insulated Bags, Framed Mirrors
In the July 22 Customs Bulletin (Vol. 54, No. 28), CBP published notices that propose to revoke rulings and similar treatment for insulated pizza, grocery and delivery bags, and framed mirrors.
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Comments on Proposals Due Aug. 21
CBP said consideration will be given to any written comments received by Aug. 21 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.
Insulated Pizza, Grocery and Food Delivery Bags
| Item: Pizza delivery bags, food delivery bags and grocery delivery bags that are reusable, insulated, and designed precisely to maintain the temperature of food and beverages during transport |
| Current: 6307.90.98, 7%, “Other made up articles, including dress patterns: Other: Other.”; 3923.29.00, 3%, “articles for the conveyance or packing of goods, of plastics; stoppers, lids, caps and other closures, of plastics: Sacks and bags (including cones): Of other plastics.”; or 3923.10.90, 3%, “articles for the conveyance or packing of goods, of plastics; stoppers, lids, caps and other closures, of plastics: Boxes, cases, crates and similar articles; Other.” |
| Proposed: 4202.92.08, 7%, “Trunks, suitcases, vanity cases, attache cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; traveling bags, insulated food or beverage bags, toiletry bags, knapsacks and backpacks, handbags, shopping bags, wallets, purses, map cases, cigarette cases, tobacco pouches, tool bags, sports bags, bottle cases, jewelry boxes, powder cases, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanized fiber or of paperboard, or wholly or mainly covered with such materials or with paper: Other: With outer surface of sheeting of plastics or of textile materials: Insulated food or beverage bags: With outer surface of textile materials: Other.” |
| Reason: In 2003, the language of heading 4202 was amended by statute to specifically include insulated food or beverage bags. Since language was specifically included in 2003 to include insulated food or beverage bags, CBP rulings from 2003 on properly classify insulated food or beverage bags in heading 4202. |
| Proposed for revocation: HQ 967177, dated July 22, 2004; NY N020627, dated Dec. 11, 2007; NY N243289, dated July 16, 2013; NY N261656, dated March 11, 2015; and NY N260407, dated Jan. 21, 2015 |
| Proposed new ruling: HQ H304836 |
Framed Mirrors
| Item: A glass mirror with birch wood surrounds and 4 metal brackets designed for affixing to the Elfa standard uprights found in the Elfa Closet System |
| Current: 9403.50.90, free, “Other furniture and parts thereof: Wooden furniture of a kind used in the bedroom: Other.” |
| Proposed: 9403.89.60, free, “Other furniture and parts thereof: Other: Other.” |
| Reason: The reflective glass surface of the mirror is the material that is functional to the use of the good, is the major component of the article in size and would impart its essential character. Therefore, the mirror would not be classified in subheading 9403.50. The wood frame does not impart the essential character of the article so it would not be considered wooden furniture. |
| Proposed for revocation: NY N304224, dated May 29, 2019 |
| Proposed new ruling: HQ H305460 |