July 19 CBP Bulletin Proposes to Modify Ruling on Aluminum Foil Lidding Stock and Revoke Ruling on Frozen Buri Fish Collar
In the July 19 Customs Bulletin (Vol. 57, No. 28), CBP published proposals to modify a ruling on aluminum foil lidding stock and revoke a ruling on frozen buri fish collars.
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Comments on Proposals Due August 18
CBP said consideration will be given to any written comments received by Aug.18 before taking these actions. 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 after 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 also is proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Aluminum Foil Lidding Stock
| Item: Three-layered heat-sealable lidding stock that is made using an aluminum foil base upon which other materials are added. The inner side of the aluminum, the surface that will be in contact with food, is coated with a polymeric layer that provides sealability to a rigid container. The outer layer is coated with a thinner polymeric layer that protects the foil from corrosion and provides adherence for printed inks. |
| Current: 7607.11.6090, 5.3%, "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: rolled but not further worked: of a thickness not exceeding 0.15 mm: of a thickness exceeding 0.01 mm: 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 plastic film, which forms the inner side of the aluminum foil, is applied to the foil in a solid -- not solvent -- form. |
| Proposed for modification: NY N316780, dated Feb. 4, 2021 |
| Proposed new ruling: HQ H318471 |
Frozen Buri Fish Collar
| Item: The frozen collar of the fish buri, also known as, Japanese Amberjack or Yellowtail (Seriola quinqueradiata). According to the manufacturing process, the fish will be beheaded, eviscerated, the collar retrieved, rinsed, cooled, wiped dry, packaged, vacuum sealed, labeled, measured and frozen. The finished product, “Frozen Buri Collar” will be imported in bulk quantities of 12 pieces per each airtight bag and sold to the food service industry. |
| Current: 0304.99.9190, 6%, “Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen: Other, frozen: Other: Other: Ocean.” |
| Proposed: 0303.89.0080, free, “Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Other fish, excluding edible fish offal of subheadings 0303.91 to 0303.99: Other: Other.” |
| Reason: Based on the described manufacturing process, the buri fish collar at issue is frozen, beheaded, eviscerated, and contains bones. As such, it meets the relevant terms of Explanatory Note 03.02 and Explanatory Note 03.03, and is provided for in heading 0303. |
| Proposed for revocation: NY N306583, dated Nov. 18, 2019 |
| Proposed new ruling: HQ H330112 |