From June through August 2010, CBP published notice of, or proposal of, the revocation or modification of several Classification Rulings, including the following:

  • HQ H017937 revokes NY R03515 (April 19, 2006) with respect to the tariff classification of a customized moveable plasma TV mount. HQ H017937 determined that the customized moveable plasma TV mount was properly classified within HTSUS subheading 8479.89.98 as other machines and mechanical appliances having individual functions, rather than as other electrical machines and apparatus having individual functions within HTSUS subheading 8543.89.96. Substantially identical merchandise entered on or after August 9, 2010 will be classified according to the analysis set forth in HQ H017937.  
  • Proposed HQ H070667, H095410, H072441, H070671, and H070673 are intended to modify NY I83131 (July 10, 2002) and NY I83130 (July 3, 2002), and to revoke NY R03451 (Mar. 27, 2006), NY H80773 (June 5, 2001), and NY I88935 (Dec. 9, 2002), respectively, on the tariff classification of electric Christmas light sets from China. HQ H070667, H095410, H072441, H070671, and H070673 determined that the electric Christmas light sets were properly classified within HTSUS subheading 9405.30.00 as “Lighting sets of a kind used for Christmas trees,” rather than “Other electric lamps and lighting fittings: Other” within HTSUS subheading 9405.40.00.  
  • HQ H043009 (July 13, 2010) modifies NY N035900 (Aug. 20, 2008) on the tariff classification of tents. HQ H043009 determined that the tents, made of 50 percent cotton and 50 percent polyester, were properly classified within HTSUS subheading 6306.29.1100 as tents of cotton, rather than tents of other synthetic fibers within HTSUS subheading 6306.22.9030.  
  • Proposed HQ H030205 is intended to modify NY M83880 (June 28, 2006) on the tariff classification of BBQ Shake seasoning. HQ H030205 determined that the BBQ Shake seasoning from China, composed of 30 percent sugar, 20 percent paprika, 10 percent red chili flake, 5 percent black pepper corn, 5 percent mustard seed, and less than 1 percent coloring, was properly classified within HTSUS subheading 2103.90.7400, the in- and over-quota provisions for mixed condiments and mixed seasonings described in Additional US Note 3 to Chapter 21 of the HTSUS, rather than other mixed condiments and mixed seasonings within HTSUS subheading 2103.90.8000.  
  • Proposed HQ H073927 is intended to revoke HQ 955644 (Mar. 6, 1995) on the tariff classification of Mixed Xylidines (CAS 1300–73–8). HQ H073927 determined that the Mixed Xylidines (CAS 1300–73–8) were properly classified as products not listed in the Chemical Appendix within HTSUS subheading 2921.49.45, rather than “Amine-function compounds: Aromatic monoamines and their derivatives; salts thereof: Other: Other: Other: Other”—products listed in the Chemical Appendix—within HTSUS subheading 2921.49.50.  
  • Proposed HQ H047138 is intended to revoke NY L87670 (Feb. 24, 2006) on the tariff classification of magnesium oxide board. HQ H047138 determined that the magnesium oxide board was properly classified as an article of cement within HTSUS heading 6811, rather than an article of other mineral substances within HTSUS heading 6815. CBP will take no action until it considers written comments received on or before July 9, 2010.  
  • Proposed HQ H025873 is intended to revoke NY N022627 (Feb. 27, 2008) on the tariff classification of a rolling cooler bag with detachable tote bag. In NY N022627, CBP classified the merchandise as two separate products in HTSUS heading 4202. The rolling cooler bag was classified under HTSUS (2008) subheading 4202.92.0807 as an insulated food or beverage bag. The tote bag was separately classified under HTSUS (2008) subheading 4202.92.3031 as a travel, sports and similar bag. In HQ H025873, CBP determined that the rolling cooler bag with detachable tote bag was properly classified together by operation of General Rules of Interpretation (GRI) 6 and 3(b) under HTSUS subheading 4202.92.1000 as an insulated food or beverage bag.  
  • HQ H020853 (July 15, 2010) revokes NY N018967 (Nov. 1, 2007) on the tariff classification of a cooktop scraper from China. HQ H020853 determined that the cooktop scraper was properly classified as a household tool within HTSUS subheading 8205.51.30, rather than as other edged handtools within HTSUS subheading 8205.59.55.10.  
  • Proposed HQ H037541 is intended to revoke NY N021149 (Jan. 9, 2008) on the tariff classification of a combination hand cart and fold-out stepladder. HQ H037541 determined that a combination hand cart and fold-out stepladder was properly classified by operation of GRI 3(c) and 6 as “Trailers and semi-trailers; other vehicles, not mechanically propelled; and parts thereof: Other vehicles: Other, Other: Other” within HTSUS subheading 8716.80.5090, rather than as “Trailers and semitrailers; other vehicles, not mechanically propelled; and parts thereof: Other vehicles: Other, Industrial hand trucks” within HTSUS subheading 8716.80.5010.  
  • Proposed HQ H031587 is intended to revoke HQ 950334 (Jan. 24, 1992) on the tariff classification of steel winches from China. HQ H031587 determined that the steel winches were properly classified eo nomine as “Pulley tackle and hoists other than skip hoists” within HTSUS heading 8425, rather than as “[o]ther machines and mechanical appliances having individual functions not specified or included elsewhere in [chapter 84]” within HTSUS heading 8479.  
  • Proposed HQ H075935 is intended to modify NY L85170 (May 31, 2005) on the tariff classification of toy pet carriers. HQ H075935 determined that the toy pet carriers were properly classified as “Tricycles, scooters, pedal cars and similar wheeled toys; dolls’ carriages; dolls, other toys; reduced-scale (“scale”) models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof” within HTSUS subheading 9503.00.00, rather than as containers within HTSUS subheading 4202.92.90.  
  • Proposed HQ H022174 is intended to revoke NY N003933 (Dec. 5, 2006) on the tariff classification of a knit sweatshirtstyle jacket. HQ H022174 determined that the knit sweatshirt style jacket was properly classified as “[w]omen’s or girls’ overcoats, carcoats, capes, cloaks, anoraks (including skijackets), windbreakers and similar articles, knitted or crocheted, other than those of heading 6104” within HTSUS heading 6102, rather than as “[m]en’s or boys’ overcoats, carcoats, capes, cloaks, anoraks (including ski jackets), windbreakers and similar articles, knitted or crocheted, other than those of heading 6103” within HTSUS heading 6101.  
  • HQ H050118 (July 13, 2010) revokes NY N014467 (July 24, 2007) on the tariff classification of an Aquadoodle wall mat from China. HQ H050118 determined that the wall mat was properly classified as an “other textile made-up article” within HTSUS subheading 6307.90.9889, rather than as “Tricycles, scooters, pedal cars and similar wheeled toys; dolls’ carriages; dolls, other toys; reduced-scale (“scale”) models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof, Other” within HTSUS subheading 9503.00.0080.  
  • Proposed HQ H055381 and HQ H055380 is intended to modify NY A87539 (Sept. 30, 1996) and to revoke NY 892007 (Nov. 24, 1993), respectively, on the tariff classification of certain hot/cold compresses. HQ H055381 and HQ H055380 determined that the hot/cold compresses were properly classified according to the inner heating/cooling material, rather than as “Wadding, gauze, bandages and similar articles (for example, dressings, adhesive plasters, poultices), impregnated or coated with pharmaceutical substances or put up in forms or packings for retail sale for medical, surgical, dental, or veterinary purposes” within HTSUS heading 3005.  
  • HQ H044555 (July 13, 2010) revokes NY N027137 (May 20, 2008) on the tariff classification of pet training pads. HQ H044555 determined that the pet training pads were properly classified as household, sanitary or hospital articles “of paper pulp” within HTSUS subheading 4818.90.0000, rather than as “other textile made-up article[s]” within HTSUS subheading 6307.90.9889.  
  • Proposed HQ H048947 is intended to revoke NY N044081 (Nov. 21, 2008) on the tariff classification of donepezil hydrochloride. HQ H048947 determined that the donepezil hydrochloride was properly classified as “Heterocyclic compounds with nitrogen heteroatom(s) only: Compounds containing an unfused pyridine ring (whether or not hydrogenated) in the structure: Other: Other: Drugs: Other” within HTSUS subheading 2933.39.41, rather than as “Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused pyridine ring (whether or not hydrogenated) in the structure: Other: Other: Drugs: Antidepressants, tranquilizers and other psychotherapeutic agents” within HTSUS subheading 2933.39.31.  
  • HQ W968258 (July 15, 2010) modifies NY H80677 (May 15, 2001) on the tariff classification of tool kits. HQ W968258 determined that a tool kit comprised of 4 screwdriver bits, a screwdriver handle, an extension adapter, and a tool roll with pockets for the screwdriver handle and adapter and a hard plastic strip riveted at each end to the inside of the roll with four hard plastic sliders with posts attached to this strip for mounting the bits in a socket type holder for storage was properly classified as other interchangeable tools for handtools and parts thereof not suitable for cutting metal within HTSUS subheading 8207.90, rather than as “handtools (including glass cutters) not elsewhere specified or included;...screwdrivers, and parts thereof” within HTSUS subheading 8205.40.  
  • Proposed HQ H068288 is intended to revoke NY N055503 (April 20, 2009) on the tariff classification of Demy Digital Recipe Reader. HQ H068288 determined that the Demy Digital Recipe Reader was properly classified as “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter: Other machines and apparatus: Other: Other: Electrical machines with translation or dictionary functions” within HTSUS subheading 8543.70.92, rather than as “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter: Other machines and apparatus: Other: Other: Other” within HTSUS subheading 8543.70.96.  
  • HQ H030415 (July 13, 2010) and HQ H030416 (July 13, 2010) modifies NY I83699 (June 25, 2002) and revokes NY I80641 (April 15, 2002), respectively, on the tariff classification of masonry anchors. HQ H030415 and HQ H030416 determined that masonry anchors were properly classified as articles of zinc within HTSUS heading 7907, rather than as articles of iron or steel within HTSUS heading 7317.  
  • Proposed HQ H075936, HQ H097735, HQ H097736, HQ H097737, HQ H097738, HQ H097739, HQ H097740 are intended to revoke HQ W967654 (May 3, 2007), NY N021595 (Jan. 16, 2008), NY N027455 (June 3, 2008), NY M87766 (Oct. 31, 2006), NY R01333 (Jan. 26, 2005), NY M87765 (Oct. 31, 2006), and NY K82586 (Jan. 29, 2004), respectively, on the tariff classification of certain inflatable play structures. HQ H075936, HQ H097735, HQ H097736, HQ H097737, HQ H097738, HQ H097739, and HQ H097740 determined that the inflatable play structures were properly classified as toys within HTSUS subheading 9503.00.00, rather than articles for general physical exercise within HTSUS subheading 9506.99.60.  
  • HQ H070635 (July 13, 2010) revokes NY N047916 (Jan. 22, 2009) on the tariff classification of a lotion or soap dispenser hand pump from China. HQ H070635 determined that the lotion or soap dispenser hand pump was properly classified as spray guns and similar appliances within HTSUS subheading 8424.89.0000, rather than as “mechanical appliances for projecting, dispersing or spraying liquids or powders,...: spray guns and similar appliances: simple piston pump sprays and powder bellows” within HTSUS subheading 8424.20.1000.  
  • Proposed HQ H044960, HQ H044958, HQ H044956, HQ H044957, HQ H058924, and HQ H044959 are intended to revoke NY N025129 (April 10, 2008), NY R03851 (May 30, 2006), NY N016275 (Sept. 13, 2007), NY I82366 (July 5, 2002), NY R04997 (Oct .26, 2006) and NY L89010 (Nov. 15, 2005), respectively, on the tariff classification of certain beverage dispensers. HQ H044960, HQ H044958, HQ H044956, HQ H044957, HQ H058924 and HQ H044959 determined that the beverage dispensers were properly classified as other articles of plastic within HTSUS heading 3926, rather than as “Taps, cocks, valves and similar appliances, for pipes, boiler shells, tanks, vats or the like, including pressure reducing valves and thermostatically controlled valves; parts thereof” within HTSUS heading 8481.  
  • Proposed HQ H024750 and HQ H024751 are intended to revoke HQ 966618 (Jan. 16, 2004) and HQ 950196 (Jan. 8, 1992), respectively, on the tariff classification of certain instruments used in the course of measuring-while-drilling for oil. HQ H024750 and HQ H024751 determined that the instruments used in the course of measuring-while-drilling for oil were properly classified as “Geophysical instruments: Other instruments and appliances: Other: Other.” within HTSUS subheading 9015.80.80, rather than as electrical machines and apparatus, or as measuring or checking instruments, within HTSUS headings 8543 and 9031, respectively.  
  • Proposed HQ H024054, and HQ H100096 and HQ H100097 are intended to modify NY N018675 (Nov. 13, 2007), and to revoke NY N088150 (Jan. 8, 2010) and NY N037030 (Sept. 24, 2008), respectively, on the tariff classification of certain High Definition Multimedia Interface (HDMI) cables. HQ H024054, HQ H100096 and HQ H100097 determined that the HDMI cables were properly classified as insulated wire cables “of a kind used for Telecommunications” within HTSUS subheading 8544.42.20, rather than as other insulated wire cables within HTSUS subheading 8544.42.90.  
  • Proposed HQ H092279 is intended to revoke NY N023143 (Mar. 7, 2008) on the tariff classification of a sky ball catch set from China. HQ H092279 determined that the sky ball catch set was properly classified as toys within HTSUS subheading 9503.00.00, rather than as articles and equipment for general physical exercise within HTSUS subheading 9506.99.60.  
  • Proposed HQ H061204 is intended to revoke NY N048904 (Feb. 6, 2009) on the tariff classification of a “My Mass Kit.” HQ H061204 determined that the “My Mass Kit” was properly classified as a toy within HTSUS subheading 9503.00.0080, rather than as “Other, Attache cases, briefcases, school satchels, occupational luggage cases and similar containers: Other: Of man-made fibers” within HTSUS subheading 4202.12.8030.  
  • Proposed HQ H023819 and HQ H007467 are intended to revoke NY N008149 (Apr. 9, 2007) and to modify NY N005439 (Feb. 7, 2007), respectively, on the tariff classification of FM Transmitters for iPods and a plastic car mount for use with an FM Transmitter. HQ H02381 determined that FM transmitters were properly classified as transmission apparatus for radiobroadcasting or television within HTSUS subheading 8525.50.70, rather than as other apparatus for transmission or reception of voice, images or other data within HTSUS subheading 8517.69.00. HQ H007467 determined that the FM transmitters were properly classified as transmission apparatus for radio-broadcasting or television within HTSUS subheading 8525.50.70, rather than as transmission apparatus for radiobroadcasting or television within HTSUS subheading 8525.60.20. HQ H007467 further determined that plastic car mount for use with an FM Transmitter was properly classified as parts and accessories for motor vehicles within HTSUS subheading 8708.29.50, rather than as “[o]ther articles of plastics and articles of other materials of headings 3901 to 3914: [f]ittings for furniture, coachwork or the like: [o]ther...” within HTSUS subheading 3926.30.50.  
  • Proposed HQ H092482 is intended to revoke NY N087097 (Dec. 22, 2009) on the tariff classification of certain ladies thong sandals with outer soles and uppers of rubber/plastics. HQ H092482 determined that the sandals were properly classified as “Other footwear with outer soles and uppers of rubber or plastics: Other footwear: Other: Other: Having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements such as those mentioned in note 4(a) to this chapter) is rubber or plastics (except footwear having a foxing or a foxing-like band applied or molded at the sole and overlapping the upper and except footwear designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather): Other: Other” within HTSUS subheading 6402.99.31, rather than as “Other footwear with outer soles and uppers of rubber or plastics: Other footwear: Other: Other: Other: Other: Footwear with open toes or open heels; footwear of the slip-on type, that is held to the foot without the use of laces or buckles or other fasteners, the foregoing except footwear of subheading 6402.99.20 and except footwear having a foxing or a foxing-like band wholly or almost wholly of rubber” within HTSUS subheading 6402.99.40.  
  • Proposed HQ H036398 and HQ H103378 are intended to modify HQ 967159 (Nov. 17, 2004) and to revoke NY L83104 (Mar. 11, 2005), respectively, on the tariff classification of parts of a pendant suspension system. In HQ 967159 and NY L83104, CBP incorrectly classified selected parts of the Steris® Harmony Surgical Lighting and Visualization System (HSLVS) as follows: (1) the central axis and spring load arms in HTSUS subheading 8302.50.00 as “Brackets and similar fixtures . . . : Hat-racks, hat pegs, brackets and similar fixtures, and parts thereof,” and (2) the ceiling mounts in HTSUS subheading 9405.99.40 as “Lamps and lighting fittings . . . and parts thereof, not elsewhere specified or included . . .: Parts: Other: Other.” CBP determined in HQ H036398 and HQ H103378 that the central axis, spring load arms, and ceiling mounts of the HSLVS were properly classified within HTSUS subheading 8479.90.94 as “Machines and mechanical appliances having individual functions, not specified elsewhere or included in this chapter; parts thereof,” pursuant to GRI 1 and Note 2(b) to Section XVI.  
  • Proposed HQ H024323 is intended to revoke HQ 735542 (Mar. 21, 1994) on the tariff classification and country of origin marking (see discussion above) of a rubber hose assembly. HQ H024323 determined that the rubber hose assembly was properly classified as “Tubes, pipes and hoses, of vulcanized rubber other than hard rubber, with or without their fittings (for example, joints, elbows, flanges)” within HTSUS heading 4009 by application of GRI 1 and HTSUS Additional US Rule of Interpretation 1(c), rather than as parts of vacuum cleaners within HTSUS subheading 8509.90.15.  
  • Proposed HQ H024320 is intended to modify NY K85099 (May 5, 2004) on the tariff classification of a plastic hose assembly. HQ H024320 determined that the plastic hose assembly was properly classified as a set of “Tubes, pipes and hoses and fittings therefore (for example, joints, elbows, flanges), of plastics: Other tubes, pipes and hoses: Other, not reinforced or otherwise combined with other materials, with fittings” within HTSUS subheading 3917.33.00 by application of GRI 3(b), rather than as parts of vacuum cleaners within HTSUS subheading 8509.90.1560.  
  • HQ H084499 (May 28, 2010) and HQ H024761 (May 28, 2010) modifies NY N022872 (Feb. 21, 2008) and revokes NY N024029 (Mar. 6, 2008), respectively, on the tariff classification of solar powered lanterns. HQ H084499 and HQ H024761 determined that the solar powered lanterns were properly classified as statuettes and other ornaments of base metal within HTSUS subheading 8306.29.00, rather than as other electric lamps and lighting fittings of base metal within HTSUS subheading 9405.40.60. Substantially identical merchandise entered on or after August 23, 2010 will be classified according to the analysis set forth in HQ H084499 and HQ H024761.
  • Proposed HQ H047138 is intended to revoke NY L87670 (Feb. 24, 2006) on the tariff classification of magnesium oxide board. HQ H047138 determined that the magnesium oxide board was properly classified as an article of cement within HTSUS heading 6811, rather than an article of other mineral substances within HTSUS heading 6815. CBP will take no action until it considers written comments received on or before July 9, 2010.