Nov. 1 CBP Bulletin Proposes to Modify Rulings on Wooden Furniture, Disposable Surgical Knives
In the Nov. 1 Customs Bulletin (Vol. 51, No. 44), CBP published notices that propose to modify rulings and similar treatment for wooden furniture and disposable knives.
Comments on Proposals Due Dec. 1
CBP said consideration will be given to any written comments received by Dec. 1 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 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 subsequent to the effective date of the final decision in this notice.)
Proposals
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 any treatment it has previously accorded to substantially identical transactions.
Wooden Furniture
| Item: A half moon accent table made of medium-density fiberboard (MDF board) with wood veneer and metal hardware. The drawers are sufficiently large to accommodate storage of clothing and accessories. |
| Current: 9403.50.9080, Free, “Other furniture and parts thereof: Wooden furniture of a kind used in the bedroom: Other: Other, Other.” |
| Proposed: 9403.60.80, Free, “Other furniture and parts thereof: Other wooden furniture: Other.” |
| Reason: While not unsuitable for a bedroom, the table is an unusual design for bedroom furniture. It is somewhat less practical as a utilitarian storage solution, as the curvature of the chest reduces the interior space. Merchandise of a comparable size and style appears to be marketed for general storage or as accent furniture. |
| Proposed for modification: NY N104737 (2010) |
| Proposed new ruling: HQ H245888 |
Disposable Knives
| Item: A surgical instrument used mainly in meniscectomy surgeries and also in general surgeries requiring the cutting of suture and soft tissue. |
| Current: Eligible for preferential treatment under NAFTA and a good of the United States for country of origin marking and entry purposes. |
| Proposed: Eligible for preferential treatment under NAFTA. The knives' country of origin for marking purposes is the U.S. and Mexico for customs duty purposes. |
| Reason: The only material used in producing the knives for which a change in tariff classification is not allowed are the blanks, which are produced in the U.S. "As the blanks produced in the United States from steel of unknown origin satisfy the applicable tariff shift rule in the United States, the knives’ country of origin for marking purposes is the" U.S., CBP said. The blanks originating in the U.S. "are exported to Mexico to be rendered suitable for sale through production into finished knives," CBP said. "The knives are therefore advanced in value or improved in condition in Mexico. Mexico is thus the knives’ country of origin for Customs duty purposes." |
| Proposed for modification: NY N284181 (2017) |
| Proposed new ruling: HQ H288252 |