Aug. 29 CBP Bulletin Proposes to Revoke Rulings on Tobacco Wrappers, Bearings
In the Aug. 29 issue of the U.S. Customs and Border Protection Bulletin (Vol. 46, No. 36), CBP published two notices that propose to revoke or modify two rulings and similar treatment regarding the tariff classification of tobacco wrappers and bearings and housings.
Comments on Proposed Revocations Due Sept. 28
CBP said consideration will be given to any written comments received by Sept. 28 before taking this action. In addition, any party who has received a ruling or decision on the merchandise that is subject to the proposed revocations, 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 subsequent to the effective date of the final decision in this notice.)
Proposed Revocations
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 is also proposing to revoke or modify any treatment it has previously accorded to substantially identical transactions.
Tobacco Wrappers
| Item: Tobacco Wrappers from Germany. A small paperboard dispenser package containing ten loose 2 1/8″ x 3 7/8″ sheets of a paper-like product identified as “Brownies Original Tobacco Wrapper”. The sheets have a brown color, and are said to be composed of 75.37% homogenized tobacco (also known as tobacco foil), 8.07% methylcellulose, and 14.58% carrier T6 (a teabag-like paper used to carry or hold tobacco). The sheets are said to be used for the hand-rolling of loose tobacco filler into cigarettes. |
| Current: 4813.90.0000, 2.9% (Cigarette paper.) |
| Proposed: 2403.91.2000, 62 cents per kg “Other manufactured tobacco and manufactured tobacco substitutes; ‘homogenized’ or ‘reconstituted’ tobacco; tobacco extracts and essences: other: ‘homogenized’ or ‘reconstituted’ tobacco: suitable for use as wrapper tobacco.” |
| Reason: CBP previously found the wrappers to be cigarette paper to be used for hand-rolling tobacco. Now, though, CBP finds the wrappers don't meet the definition of “paper” as they are composed of homogenized tobacco. |
| Proposed for revocation: NY C82943 (1993) |
| Proposed new ruling: HQ H073917 |
Bearings and Housings from Japan
| Item: Bearings and housings, separately or individually, from Japan. The pivot bearing is comprised of steel balls and a sapphire plate that retains the balls. The housing is a manufacture of brass designed to incorporate the pivot bearing. All the articles are for use in aircraft instrumentation. |
| Current: Housings alone: 8483.30.8020, 4.5% (bearing housings, ball or roller type). Pivot bearing and the pivot bearing and housing combined: 7116.20.4000, 10.5%, (precious or semiprecious stones (natural, synthetic or reconstructed). |
| Proposed: Pivot bearings alone: 8482.10.5068, 9% (“ball or roller bearings, and parts thereof; ball bearings: other: other.”) Housings alone: 8483.30.8020, 4.5% (“transmission shafts (including camshafts and crankshafts) and cranks; bearing housings, housed bearings and plain shaft bearings; gears and gearing; ball or roller screws; gear boxes and other speed changers, including torque converters; flywheels and pulleys, including pulley blocks; clutches and shaft couplings (including universal joints); parts thereof: bearing housings; plain shaft bearings: other: bearing housings: ball or roller bearing type.”). Pivot bearings and housings: 8483.20.8040, 4.5%, “transmission shafts (including camshafts and crankshafts) and cranks; bearing housings, housed bearings and plain shaft bearings; gears and gearing; ball or roller screws; gear boxes and other speed changers, including torque converters; flywheels and pulleys, including pulley blocks; clutches and shaft couplings (including universal joints); parts thereof: housed bearings, incorporating ball or roller bearings: other: incorporating ball bearings.” |
| Reason: CBP previously classified the pivot bearings based on the inclusion of a sapphire plate. CBP now finds that pivot bearings have their own classification. CBP said the housings were properly classified previously. The combined pivot bearings and housing were previously classified based on the sapphire plate, which CBP not finds shouldn't preclude classification elsewhere. |
| Proposed for modification: NY N070076 (2009) |
| Proposed new ruling: HQ H088396 |