Customs Bulletin Update – Vol. 56, October 19, 2022, No. 41

Below is a recap for last week’s Custom’s Bulletin.

• Revocation of three ruling letters, modification of one ruling letter, and revocation of treatment relating to the tariff classification of certain step stools
  • Pursuant to 19 U.S.C. § 1625(c)(1), CBP is revoking NY N294603, dated March 2, 2018, NY N196451, dated December 27, 2011, NY M84487, dated June 27, 2006, and modifying NY N235681, dated December 5, 2012, and revoking or modifying any other ruling not specifically identified to reflect the analysis contained in HQ H305377, set forth as an Attachment to this notice. Additionally, pursuant to 19 U.S.C. § 1625(c)(2), CBP is revoking any treatment previously accorded by CBP to substantially identical transactions.
  • It is now CBP’s position that a one-step step stool is classified according to its constituent material in heading 3924, if made of plastics or in heading 4421, if made of wood. Accordingly, pursuant to GRI’s 1 and 6, the plastic one-step step stools in NY N294603 and NY N196451 are classified in subheading 3924.90.56, which provides for “Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Other: Other”. The one-step step stool made of MDF in NY N235681 and the wooden step stool in NY M84487 are classified in subheading 4421.99.97, which provides for “Other articles of wood: Other: Other: Other: Other
• Proposed modification of one ruling letter and proposed revocation of treatment relating to the tariff classification of paper face masks
  • Pursuant to 19 U.S.C. § 1625(c)(1), CBP is proposing to modify HQ 088173 and to revoke or modify any other ruling not specifically identified to reflect the analysis contained in the proposed HQ H311239, set forth as Attachment B to this notice. Additionally, pursuant to 19 U.S.C. § 1625(c)(2), CBP is proposing to revoke any treatment previously accorded by CBP to substantially identical transactions.
  • It is now CBP’s position that if imported separately, paper face masks are properly classified in heading 4818, HTSUS, specifically in subheading 4818.90.00, HTSUS, which provides for “Toilet paper and similar paper, cellulose wadding or webs of cellulose fibers, of a kind used for household or sanitary purposes, in rolls of a width not exceeding 36 cm, or cut to size or shape; handkerchiefs, cleansing tissues, towels, tablecloths, table napkins, bed sheets and similar household, sanitary or hospital articles, articles of apparel and clothing accessories, of paper pulp, paper, cellulose wadding or webs of cellulose fibers: Other”
• Ship’s Store Declaration
  • CBP Form 1303, Ship’s Stores Declaration, is used by the carriers to declare articles to be retained on board the vessel, such as sea stores, ship’s stores (e.g., alcohol and tobacco products), controlled narcotic drugs or bunker fuel in a format that can be readily audited and checked by CBP
  • Proposed Change: This form is anticipated to be submitted electronically as part of the maritime forms automation project through the Vessel Entrance and Clearance System (VECS), which will eliminate the need for any paper submission of any vessel entrance or clearance requirements under the above referenced statutes and regulations. VECS will still collect and maintain the same data but will automate the capture of data to reduce or eliminate redundancy with other data collected by CBP.
  • CBP invites the general public and other Federal agencies to comment on the proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). This proposed information collection was previously published in the Federal Register (87 FR 33179) on June 1, 2022, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments
• Importers of Merchandise Subject to Actual Use Provisions
  • In accordance with 19 CFR 10.137, importers of goods subject to the actual use provisions of the Harmonized Tariff Schedule of the United States (HTSUS) are required to maintain detailed records to establish that these goods were actually used as contemplated by the law, and to support the importer’s claim for a free or reduced rate of duty. The importer shall maintain records of use or disposition for a period of three years from the date of liquidation of the entry, and the records shall be available at all times for examination and inspection by CBP
  • CBP invites the general public and other Federal agencies to comment on the proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). This proposed information collection was previously published in the Federal Register (87 FR 29757) on May 16, 2022, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments
• Customs-Trade Partnership Against Terrorism (CTPAT) and CTPAT Trade Compliance Program
  • CBP invites the general public and other Federal agencies to comment on the proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). This proposed information collection was previously published in the Federal Register (87 FR 12473) on March 04, 2022, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments.
  • Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
    • (1) whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
    • (2) the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
    • (3) suggestions to enhance the quality, utility, and clarity of the information to be collected; and
    • (4) suggestions to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. The comments that are submitted will be summarized and included in the request for approval.
  • All comments will become a matter of public record.
• Copyright, Trademark, and Trade Name Recordations
  • The following copyrights, trademarks, and trade names were recorded with U.S. Customs and Border Protection in Septem[1]ber 2022. A total of 168 recordation applications were approved, consisting of 3 copyrights and 165 trademarks
  • Recordations can be viewed on pages 35-42 of the bulletin
• RKW Klerks v. United States
  • In a case that involved the classification of two types of net wrap, both of which were synthetic fabrics used to wrap round bales of harvested crops, the U.S. Customs and Border Protection properly classified the net wraps under HRSUS subheading 6005.39.00;
  • The wraps were not “parts” of harvesting or agricultural machinery classifiable under HTSUS subheadings 8433.90.50 or 8436.99.00 because they were not integral to the functioning of round hay balers and were a disposable input and not a part of round baling machines.
  • Plaintiff’s motion for summary judgment denied and defendant’s cross-motion for summary judgment granted.

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