May 28 CBP Bulletin Proposes to Revoke Ruling on Molybdenum Disulphide Powder
In the May 28 Customs Bulletin (Vol. 59, No. 22), CBP published a proposal to revoke a ruling letter concerning the tariff classification of molybdenum disulphide powder.
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Comments on Proposal Due June 28
CBP said consideration will be given to any written comments received by June 28 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.)
Proposal
CBP is proposing to revoke or modify the ruling 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.
Molybdenum Disulphide Powder
| Item: For NY N306461: Molybdenum disulphide, an inorganic chemical compound with greater than 98% purity. For NY 853255: Molybdenum disulphide in powder form |
| Current: Harmonized Tariff Schedule subheading 2830.90.90, which provides for “Sulfides; polysulfides, whether or not chemically defined: Other: Other.” For powder form: subheading 3823.90.45, which provides for “other mixtures that are in whole or in part of hydrocarbons derived from petroleum, shale oil or natural gas.” |
| Proposed: Subheading 2530.90.80, which provides for “Mineral substances not elsewhere specified or included: Other: Other.” |
| Reason: The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) for HTS heading 2830 specifically exclude molybdenum sulphide from classification in the heading, directing CBP to heading 2613. However, the subject molybdenum disulphide is prepared for use as a lubricant, and the ENs for HTS heading 2613 specifically exclude molybdenite intended for use as a lubricant from classification in heading 2613. Therefore, the subject molybdenum disulphide is not a product of heading 2613. While the ENs are not binding, their specificity regarding molybdenum disulphide prepared for use as a lubricant is clear. Therefore, the molybdenum disulphide at issue is a product of heading 2530, and specifically subheading 2530.90.80. |
| Proposed for revocation: NY N306461, dated Oct. 24, 2019 |
| Proposed for modification: NY 853255, dated June 26, 1990 |
| Proposed new ruling: HQ H342780 |