In December 2009 and January 2010, CBP published notice of, or proposal of, the revocation or modification of several Classification Rulings, including the following:

  • Proposed HQ H071105 is intended to revoke NY N020433 (Dec. 20, 2007) with respect to the tariff classification of table placemats made of cotton woven fabric coated on the front side with a clear plastic material and on the back side with a foam plastic material. HQ H071105 determined that the placemats were properly classified within HTSUS subheading 3924.90, as other household articles of plastics, rather than as tableware and kitchenware of plastics within HTSUS subheading 3926.10. CBP will take no action until it considers written comments received on or before January 11, 2010.
  • HQ H062211 (Nov. 23, 2009) revokes HQ 963001 (July 22, 1999) on the tariff classification of certain electrically-heated throws and seat pads for automotive use. HQ H062211 determined that the throws and seat pads at issue were properly classified in HTSUS subheading 8516.79.00 as “[o]ther electrothermic appliances of a kind used for domestic purposes,” rather than within HTSUS heading 8543 as “[e]lectrical machines and apparatus, having individual functions, not specified or included elsewhere in [Chapter 85].” Substantially identical merchandise entered on or after February 8, 2010 will be classified according to the analysis set forth in HQ H062211.
  • Proposed HQ HO45151 is intended to modify NY L83194 (April 4, 2005) with respect to the tariff classification of certain pressure-mounted safety gates. HQ HO45151 determined that the safety gates at issue were properly classified within HTSUS subheading 3924.90.56 as other plastic household articles, rather than as “Builder’s ware of plastics. Not elsewhere specified or included: Other” within HTSUS subheading 3925.90.00. CBP will take no action until it considers written comments received on or before January 11, 2010.
  • Proposed HQ H028098 is intended to revoke NY R01762 (April 26, 2005) with respect to the tariff classification of certain mass flow controllers (MFCs) consisting of closed-loop devices that set, measure and control the flow of gases or liquids. HQ H028098 determined that the MFCs were properly classified within HTSUS subheading 9032.89.6060 as “Automatic regulating or controlling instruments and apparatus...Other instruments and apparatus: Other: Other Flow and liquid level control instruments,” rather than as valves within HTSUS subheading 8481.80.9015. CBP will take no action until it considers written comments received on or before January 11, 2010.
  • Proposed HQ H024874, HQ H024876 and HQ H024878 are intended to revoke NY H87026 (Jan. 28, 2002) and NY 81650 (Dec. 19, 1995), and to modify NY 817979 (Jan. 26, 1996), respectively, pertaining to the tariff classification of certain light-emitting diode (LED) modules consisting of several LED bulbs mounted on a printed circuit board (PCB) and/or connected to a power supply unit. HQ H024874, HQ H024876 and HQ H024878 determined that the LED modules were properly classified within HTSUS heading 9405, which provides for “Lamps...not elsewhere specified or included,” rather than as “light-emitting diodes” within HTSUS heading 8541. CBP will take no action until it considers written comments received on or before January 11, 2010.
  • Proposed HQ H009365 is intended to modify NY N00392 (Dec. 29, 2006) with respect to the tariff classification of certain ski mittens. HQ H009365 determined that the ski mittens were properly classified within HTSUS subheading 6116.10.08 as mittens specially designed for use in sports, rather than as “Gloves, mittens and mitts, knitted or crocheted: impregnated, coated or covered with plastics or rubber: other: without fourchettes: cut and sewn from preexisting machine-knit fabric that is impregnated, coated or covered with plastics or rubber: other: containing over 50 percent by weight of plastics or rubber” within HTSUS subheading 6116.10.4400. CBP will take no action until it considers written comments received on or before January 11, 2010.
  • Proposed HQ H009527 is intended to modify NY R03289 (Mar. 13, 2006) with respect to the tariff classification of NAD, Lithium, which is lithium salt of NAD (nicotinamide adenine dinucleotide) (CAS # 64417–72–7). HQ H009527 determined that the NAD, Lithium was properly classified within HTSUS subheading 2934.99.39, which provides for “Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds: Other: Other: Aromatic or modified aromatic: Other: Products described in additional US note 3 to section VI,” rather than as other heterocyclic compounds within HTSUS subheading 2934.99.9000. CBP will take no action until it considers written comments received on or before January 11, 2010.
  • Proposed HQ H027029 and HQ H029003 is intended to revoke NY N014061 (July 25, 2007) and NY D88203 (Mar. 23, 1999), respectively, with respect to the tariff classification of automotive fan shrouds (aka “automotive fan housings”). In the two rulings subject to proposed revocation, CBP classified the fan shrouds in two different headings relative to the part of the automobile incorporating the finished fan: (1) parts of an automotive radiator in HTSUS heading 8708, or (2) parts of an automotive air conditioner in HTSUS heading 8415. It is now CBP’s position, as set forth in HQ H027029 and HQ H029003, that the fan shrouds are classifiable as parts of a fan within HTSUS subheading 8414.90.10. CBP will take no action until it considers written comments received on or before January 11, 2010.  
  • Proposed HQ H025781 is intended to revoke NY N021072 (Dec. 28, 2007) pertaining to the tariff classification of a piezoelectric ceramic stack. HQ H025781 determined that the piezoelectric ceramic stack was properly classified within HTSUS subheading 8541.60.00 as “mounted piezoelectric crystals,” rather than “ceramic wares for laboratory, chemical or other technical uses” within HTSUS heading 6909. CBP will take no action until it considers written comments received on or before January 11, 2010.  
  • HQ H042584 (Nov. 23, 2009) revokes NY K87594 (July 22, 2004) on the tariff classification of lawn sweeper bags made predominantly of plastics, and designed to be pulled behind a lawn tractor. HQ H042584 determined that the lawn sweeper bags were properly classified within HTSUS heading 8479, as parts of machines with individual functions, rather than as articles of plastic within HTSUS heading 3926. Substantially identical merchandise entered on or after February 8, 2010 will be classified according to the analysis set forth in HQ H042584.  
  • HQ H055387 (Nov. 23, 2009) modifies NY N042400 (Nov. 14, 2008), NY N042401 (Nov. 14, 2008) and NY N042402 (Nov. 14, 2008) on the tariff classification of several styles of cold weather/winter sports gloves. In HQ H055387, CBP determined the correct classification by evaluating: (1) whether the material of the palmside or outer shell imparted the essential character of the subject gloves and (2) whether the subject gloves were classified as gloves specially designed for use in sports or “other” gloves. Specifically, CBP determined the following with respect to the various styles of gloves: (1) the leather palmside—not the outer shell—imparted the essential character of the gloves for classification purposes where it provided the grip necessary for the sport for which the gloves were used; (2) the outer knit shell—not the suede leather palm patch—imparted the essential character for classification purposes where the suede portion played a minimum role in relation to the textile portion; (3) the gloves were properly classified as gloves specifically designed for use in sports where the general characteristics of the gloves evidenced a design for a sport and/or where evidence demonstrated the gloves were designed, marketed, or sold as gloves for use in a particular sport and (4) gloves/liners of knit fabric with partially elasticized wrists were unsuitable for use in skiing and, thus, classified as gloves for use in sports other than skiing. The sports gloves where the leather palmside—not the outer shell—imparted the essential character were classified within HTSUS subheadings 4203.21.60 and 4203.21.80. The sports gloves where the knit outer shell imparted the essential character were classified within HTSUS subheading 6116.93.08. Substantially identical merchandise entered on or after February 8, 2010 will be classified according to the analysis set forth in HQ H055387.  
  • Proposed HQ 065718 and HQ 065720 are intended to revoke NY 859202 (Jan. 18, 1991) and NY J88055 (Sept. 3, 2003) pertaining to the tariff classification of auxiliary vehicle heater units. HQ 065718 and HQ 065720 determined that the auxiliary vehicle heater units were properly classified within HTSUS subheading 8419.50.50, which provides for “machinery, plant or laboratory equipment, whether or not electrically heated...for the treatment of materials by a process involving a change in temperature such as heating: Heat exchange units: Other,” rather than “air heaters not electrically heated, incorporating a motor-driven fan or blower” within HTSUS subheading 7322.90.00. CBP will take no action until it considers written comments received on or before January 11, 2010.  
  • HQ H055635 (Nov. 23, 2009) and H055636 (Nov. 23, 2009) revoke NY I87349 (Oct. 29, 2002) and NY G88540 (April 12, 2001), respectively, pertaining to the tariff classification of pellicles. HQ H055635 and HQ H055636 determined that the pellicles were properly classified within HTSUS subheading 8486.90.00 as parts of machines “used solely or principally for the manufacture of semiconductor boules or wafers, semiconductor devices, electronic integrated circuits or flat panel displays,” rather than “optical elements” within HTSUS heading 9002. Substantially identical merchandise entered on or after February 8, 2010 will be classified according to the analysis set forth in HQ H055635 and HQ H055636.  
  • HQ H058796 (Nov. 23, 2009) revokes NY B89965 (Jan. 7, 1998) pertaining to the tariff classification of FC–77 Fluorinert (CAS 86508–42–1). HQ H058796 determined that the FC–77 Fluorinert was properly classified within HTSUS subheading 3824.90.92, which provides for: “Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other,” rather than as a mixture of halogenated hydrocarbons classified in HTSUS subheading 3824.90.55 (now 3824.90.55). Substantially identical merchandise entered on or after February 8, 2010 will be classified according to the analysis set forth in HQ H058796.