Sept. 13 CBP Bulletin Proposes to Revoke, Modify Rulings on Playmats, Steel Wire Cartridges
In the Sept. 13 Customs Bulletin (Vol. 57, No. 33), CBP published a proposal to revoke a ruling letter concerning a plastic playmat and to modify another on steel wire cartridges.
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Comments on Proposals Due Oct. 13
CBP said consideration will be given to any written comments received by Oct. 13 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.
Playmat
| Items: (1) A toddler playmat with rounded corners and made of polyvinyl chloride foam plastic material. The top surface of the mat is decorated with animation characters. (2) A children’s PVC interactive playmat constructed of 100% polyvinyl chloride foam plastic material. The mat is reversible and serves a dual purpose as an educational learning resource and a decorative floor covering. It is printed on both sides with bright colors and illustrations that depict letters, numbers and objects. This play mat is used as an interactive educational learning resource to engage a young child and to encourage the recognition of letters, words, and numbers. |
| Current: (1) 3924.90.1050, 3.3%, "Other household articles...of plastics: other:...mats...and like furnishings." (2) 4911.99.8000, free, "Other printed matter, including printed pictures and photographs: Other: Other: Other: Other." |
| Proposed: (1) 4911.99.8000, free, "Other printed matter, including printed pictures and photographs: Other: Other: Other: Other.” (2) 3918.90.1000, 5.3%, “Floor coverings of plastics, whether or not self-adhesive, in rolls or in the form of tiles ...: Of other plastics: Floor coverings.” |
| Reason: (1) The playmat is made to create an attractive atmosphere for toddlers so that they interact with the printed animation characters with delight, excitement, and pleasure, in contrast to a playmat printed with solid coloration or decorative or repetitive designs. The printed animation characters, which are pleasing to a toddler’s sensibilities, form the subject playmat’s essential nature and use. (2) The mat lacks manipulative play value and cannot be classified as a toy. As a floor covering of plastic imported in rolls that is classifiable in heading 3918, the playmat is excepted from classification in chapter 49. |
| Proposed for revocation: NY N091575, dated Feb. 12, 2010; NY N213371, dated May 11, 2012 |
| Proposed new ruling: HQ H328952 |
Steel Wire Cartridges
| Item: Steel tie wire cartridges consisting of either spools of black annealed wire or spools of polyester coated wire. The steel tie wire cartridges will be primarily for use in the MAX USA Rebar Tying Tool, a battery-powered handheld power tool. The Rebar Tying Tool is used to tie and secure concrete rebar by holding the crossed reinforcing bars and feeding, winding, cutting and tying the tie wire in one action. |
| Current: 8467.29.0090, free, “Tools for working in the hand, pneumatic, hydraulic or with self-contained electric or nonelectric motor, and parts thereof: With self-contained electric motor: Other: Other.” |
| Proposed: 8467.99.01, free, “Tools for working in the hand, pneumatic, hydraulic or with self-contained electric or nonelectric motor, and parts thereof: Parts: Other.” |
| Reason: While the subject cartridges contain steel tie wire wound on spools in material lengths, they cannot be bought separately for use with the Rebar Tying Tool without it being contained in the cartridge. The cartridge itself is not a generic spool used to support wire but has a sprocket-like appearance and is specifically designed for exclusive use with the Rebar Tying Tool. Because the subject articles do not fall under the scope of a single heading of Section XVI as goods unto themselves, they are properly classified as parts of hand tools. |
| Proposed for modification: HQ H300804, dated July 2, 2019 |
| Proposed new ruling: HQ H330409 |