May 17 CBP Bulletin Proposes to Revoke Rulings on Ethylene Glycol and an Inflatable Figure
In the May 17 Customs Bulletin (Vol. 57, No. 19), CBP published proposals to revoke rulings on ethylene glycol bis M-toly and on an inflatable "Olaf" figure with holly berry motif.
Comments on Proposals Due June 16
CBP said consideration will be given to any written comments received by June 16 before taking these actions. In addition, any party that 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 after 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 also is proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Ethylene Glycol Bis M-Toly
| Item: Ethylene glycol bis (m-tolyl ether), CAS No. 54914–85–1, also known as Benzene, 1,1'-[1,2-ethanediylbis(oxy)]bis[3-methyl-, is an aromatic etheralcohol. |
| Current: 2909.49.10, 5.5%, "Ethers, ether-alcohols, ether-phenols, ether-alcohol, phenols, alcohol peroxides, ether peroxides, ketone peroxides (whether or not chemically defined), and their halogenated, sulfonated, nitrated or nitrosated derivatives: Ether-alcohols and their halogenated, sulfonated, nitrated or nitrosated derivatives: Other: Aromatic: Other: Products described in additional U.S. note 3 to section VI." |
| Proposed: 2909.30.40, 5.5% “Ethers, ether-alcohols, ether-phenols, ether-alcohol- phenols, alcohol peroxides, ether peroxides, acetal and hemiacetal peroxides, ketone peroxides (whether or not chemically defined), and their halogenated, sulfonated, nitrated or nitrosated derivatives: Aromatic ethers and their halogenated, sulfonated, nitrated or nitrosated derivatives:Other: Products described in additional U.S. note 3 to section VI.” |
| Reason: Laboratory analysis confirmed that there is not an intact alcohol function group present in the chemical structure. It is an aromatic ether, not an aromatic ether-alcohol. |
| Proposed for revocation: N087996, dated Jan. 11, 2010 |
| Proposed new ruling: H311551 |
Inflatable Olaf Figure with Holly Berry Motif
| Item: A three-dimensional inflatable decoration of a snowman “Olaf” from the Disney movie "Frozen." The snowman is composed of 100% polyester woven fabric. The item is decorated with screen printed brown eyebrows, black pupils inside a round blue eye, three black buttons, and a 10 ½ inch long by 4 ½ inch wide blue smile. The snowman features brown twigs as arms and hair on its head, a carrot nose, and two snowball legs. The snowman also features a red scarf with white snowflakes, a semicircle of 100% polyester nonwoven fabric. Inside the snowman sewn to the bottom are three pouches filled with crushed stone weighing 300 grams each, to help the snowman stand upright in a sitting pose when inflated, and a LED light that is attached to a blower fan with a 120V AC/DC power adapter. |
| Current: 6307.90.98, 7%, “Other made up articles, including dress patterns: Other: Other: Other: Other: Other.” |
| Proposed: 9505.10.40, free, “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Articles for Christmas festivities and parts and accessories thereof: Other: Of plastics.” |
| Reason: This Olaf figure has a sprig of holly on its scarf. The holly leaves and red berries, are a motif traditionally closely associated with Christmas and used or displayed principally during the Christmas season. |
| Proposed for revocation: N325599, dated April 27, 2022 |
| Proposed new ruling: H325364 |