Classification Changes Proposed for Cosmetic Containers, Fish, Lidding Stock

Jul 15, 2023

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The following proposed revocations or modifications of U.S. Customs and Border Protection classification rulings are included in the July 19, 2023, Customs Bulletin and Decisions. Comments on these proposed changes are due by Aug. 18.

For more information on how to seek or utilize classification and other rulings, please contact attorney Deb Stern at (305) 894-1007 or via email.

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Cosmetic Containers

CBP is proposing to reclassify paperboard cosmetic containers with sleeves as rigid boxes and cartons under HTSUS 4819.50.4040 (duty-free) rather than as other paperboard under HTSUS 4823.90.6700 (duty-free). Ruling NY N302628 would be modified to reflect this change.

The product at issue is a printed paperboard container that will be filled with a pan of cosmetic powder blush after importation into the U.S. The container folds closed like a book and includes a mirror on one interior side and a depression to hold the blush pan on the other. When closed, the container slips into a four-sided paperboard sleeve that holds the container in the closed position.

CBP explains that this item is meant for packing, transport, storage, and sale of cosmetics and thus meets the criteria under the Explanatory Notes for classification in heading 4819. Further, heading 4823 is only meant for paperboard products that do not fit elsewhere.

Fish

CBP is proposing to reclassify frozen buri (also known as Japanese amberjack or yellowtail) fish collar as other frozen fish under HTSUS 0303.89.0080 (duty-free) rather than as frozen fish fillets under HTSUS 0304.99.9190 (6 percent duty). Ruling NY N306583 would be revoked to reflect this change.

The product at issue is the frozen collar of the buri fish. According to the manufacturing process, the fish will be beheaded and eviscerated and the collar retrieved, rinsed, cooled, wiped dry, packaged, vacuum sealed, labeled, measured, and frozen. The finished product will be imported in bulk quantities of 12 pieces per each airtight bag and sold to the food service industry.

CBP explains that the Explanatory Notes define fish fillets as fish meat from which the bones have been removed, whereas the subject fish products contain all of their bones.

Lidding Stock

CBP is proposing to reclassify aluminum foil lidding stock as backed aluminum foil under HTSUS 7607.20.50 (duty-free) rather than as unbacked aluminum foil under HTSUS 7607.11.6090 (5.3 percent duty). Ruling NY N316780 would be modified to reflect this change.

The item at issue is heat-sealable lidding stock made using an aluminum foil base upon which other materials are added. The inner side of the aluminum, the surface that will be in contact with food, is coated with a polymeric layer that provides sealability to a rigid container. The outer layer is coated with a thinner polymeric layer that protects the foil from corrosion and provides adherence for printed inks.

CBP states that the solid plastic film applied to the inner side of the foil strengthens and supports the foil and thus constitutes backing for classification purposes.

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