| Title: | INSULATED FOOD OR BEVERAGE |
|---|---|
| Date: | 2002-01-10 |
| To: | abi |
| Links: | previous, next |
TO : ALL ABI BROKERS.
FROM : JOHN A. DURANT
SUBJECT : INSULATED FOOD OR BEVERAGE BAGS
DATE : 01/09/2002
DATE:JANUARY 7, 2002
FILE:CLA-2 RR:CR:TE
INSULATED BAGS GGD
TO : DIRECTOR, TRADE COMPLIANCE, OFFICE OF FIELD OPERATIONS
FROM : DIRECTOR, COMMERCIAL RULINGS DIVISION, OFFICE OF
REGULATIONS AND RULINGS
SUBJECT : "INSULATED FOOD OR BEVERAGE BAGS" AND SIMILAR
CONTAINERS; HEADING 4202
PLEASE ADVISE ALL CUSTOMS PORT DIRECTORS, FIELD
PERSONNEL, CUSTOMS BROKERS, AND MEMBERS OF THE IMPORTING
COMMUNITY THAT, PURSUANT TO PRESIDENTIAL PROCLAMATION 7515 OF
DECEMBER 18, 2001, EFFECTIVE JANUARY 10, 2002, THE TERM
"INSULATED FOOD OR BEVERAGE BAGS" IS INCLUDED IN THE TEXT OF
HEADING 4202, HTS, IMMEDIATELY FOLLOWING THE TERM "TRAVELING
BAGS." THIS CHANGE REQUIRES THAT ALL INSULATED FOOD OR BEVERAGE
BAGS AND SIMILAR CONTAINERS, ENTERED ON OR AFTER JANUARY 10,
2002, BE CLASSIFIED ONLY UNDER HEADING 4202. A NEW EIGHTH
PARAGRAPH IN THE EXPLANATORY NOTES TO HEADING 42.02 (PAGE 661),
STATES: "THE EXPRESSION 'INSULATED FOOD OR BEVERAGE BAGS'
COVERS REUSABLE INSULATED BAGS USED TO MAINTAIN THE TEMPERATURE
OF FOODS AND BEVERAGES DURING TRANSPORT OR TEMPORARY STORAGE."
NEWLY CREATED SUBHEADINGS 4202.92.05 AND 4202.92.10, HTSUS,
PROVIDE SPECIFICALLY FOR "INSULATED FOOD OR BEVERAGE BAGS"
("WITH OUTER SURFACE OF TEXTILE MATERIALS" AND WITH OUTER
SURFACE OF "OTHER" MATERIALS, RESPECTIVELY). INSULATED
CONTAINERS USED TO CARRY VARIOUS PERSONAL EFFECTS IN ADDITION TO
FOOD OR BEVERAGES MAY BE CLASSIFIED IN OTHER PROVISIONS UNDER
HEADING 4202, IF DEEMED MORE SIMILAR TO EXEMPLARS SUCH AS
BACKPACKS, BOTTLE CASES, HOLSTERS, ETC.
THE ABOVE CHANGES STEM FROM ACTIONS TAKEN BY THE ITC,
BEGINNING WITH THE INSTITUTION OF INVESTIGATION NO. 1205-5 ON
NOVEMBER 18, 1999, PROPOSING CHANGES TO THE HTS DUE TO THE WORK
OF THE WCO AND HSC TO UPDATE AND CLARIFY TARIFF NOMENCLATURE;
AND CULMINATING WITH THE AMENDMENT OF THE HTSUS, PURSUANT TO
STATUTORY OR DELEGATED AUTHORITY, TO PROVIDE EO NOMINE FOR
"INSULATED FOOD OR BEVERAGE BAGS" IN THE NEW TARIFF BREAKOUTS
UNDER SUBHEADING 4202.92. SINCE THE PUBLICATION AND ISSUANCE
REQUIREMENTS OF 19 U.S.C. 1625 DO NOT APPLY WHEN A POSITION IS
MODIFIED, REVOKED OR OTHERWISE MATERIALLY AFFECTED BY OPERATION
OF LAW (IN THIS CASE, THE AMENDMENT OF THE HTSUS BY THE ITC),
CUSTOMS RULINGS IN WHICH INSULATED FOOD OR BEVERAGE BAGS, OR
SIMILAR CONTAINERS, ARE CLASSIFIED UNDER HEADINGS OTHER THAN
4202 (E.G., HEADINGS 3924, 6307, 3926, ETC.), WILL NOT BE
REVOKED OR MODIFIED BY PUBLICATION OF NOTICES IN THE CUSTOMS
BULLETIN. EFFECTIVE JANUARY 10, 2002, ALL SUCH RULINGS
INCONSISTENT WITH THE INTENT OF THE AMENDMENTS TO HEADING 4202
AND ITS STATUTORY PROVISIONS, ARE REVOKED OR MODIFIED BY
OPERATION OF LAW. SIMILARLY, PLEASE ALSO ADVISE THAT ANY
INCONSISTENT INSTRUCTIONS ISSUED TO IMPLEMENT THE CAFC'S
DECISION IN SGI, INC. V. UNITED STATES, AND DISSEMINATED TO
CUSTOMS AND THE IMPORTING COMMUNITY BY HARD COPY, OR
ELECTRONICALLY ON VARIOUS BULLETIN BOARDS, WEB SITES, ETC., ARE
SUPERCEDED.
JOHN A. DURANT