WEBVTT 00:00:27.180 --> 00:00:28.510 GIAMMANCO, DANA L Good afternoon. 00:00:28.510 --> 00:00:30.220 I'm Dana giamanco. 00:00:30.220 --> 00:00:35.200 I'm the NIS assigned to tableware, kitchenware and other household articles 00:00:35.200 --> 00:00:37.750 of plastics, ceramic and based metal. 00:00:38.870 --> 00:00:43.880 In addition to heading 9617, which provides for vacuum flasks 00:00:43.880 --> 00:00:47.980 and other vacuum vessels, complete parts thereof other than glass enters. 00:00:49.400 --> 00:00:49.850 GIAMMANCO, DANA L Please hold. 00:00:49.850 --> 00:00:52.090 Well, questions at the end of the presentation. 00:00:52.650 --> 00:00:54.470 GIAMMANCO, DANA L If I cannot get to your question, 00:00:54.470 --> 00:01:02.938 during this presentation, you can e-mail me at dana.l.giamanco@cbp.dhs.gov. 00:01:02.938 --> 00:01:06.060 GIAMMANCO, DANA L Also, I apologize, I'm getting over a cough and cold. 00:01:14.578 --> 00:01:16.470 GIAMMANCO, DANA L Here is our mission statement. 00:01:16.470 --> 00:01:17.990 Please take a moment to read. 00:01:42.213 --> 00:01:44.080 GIAMMANCO, DANA L Here is our first disclaimer. 00:01:44.080 --> 00:01:45.525 Please take a minute to read. 00:02:24.250 --> 00:02:27.219 GIAMMANCO, DANA L Audio visual media including images, video 00:02:27.220 --> 00:02:31.560 or sound contained within this webinar is either public domain 00:02:31.560 --> 00:02:34.742 or was obtained through appropriate copyright licenses 00:02:34.743 --> 00:02:39.360 and has included solely to provide context for the content provided. 00:02:39.360 --> 00:02:41.640 GIAMMANCO, DANA L The audio visual media is provided 00:02:41.640 --> 00:02:45.940 for educational purposes only and does not represent an endorsement 00:02:45.940 --> 00:02:50.840 or approval by CBP of any creators or products for the copying 00:02:50.840 --> 00:02:55.190 and distribution of any copyrighted materials contained in a webinar 00:02:55.190 --> 00:02:58.340 may require permission from the original creator. 00:02:58.340 --> 00:03:01.300 GIAMMANCO, DANA L Please note the audio visual media is provided 00:03:01.300 --> 00:03:05.630 for educational purposes only and does not represent an endorsement 00:03:05.630 --> 00:03:08.950 or approval by CBP of any creators or products. 00:03:08.950 --> 00:03:12.100 GIAMMANCO, DANA L For the copying and distribution 00:03:12.100 --> 00:03:17.840 of any copyrighted materials contained in a presentation may require permission 00:03:17.840 --> 00:03:18.920 from the original creator. 00:03:24.588 --> 00:03:26.880 GIAMMANCO, DANA L Here is our web address for binding rulings. 00:03:32.587 --> 00:03:39.179 GIAMMANCO, DANA L Headings 3924 articles of plastics and 7323 articles 00:03:39.180 --> 00:03:40.730 of iron or steel. 00:03:40.730 --> 00:03:44.020 GIAMMANCO, DANA L Are considered household articles. 00:03:44.020 --> 00:03:45.870 GIAMMANCO, DANA L Or of a class or kind of goods 00:03:45.870 --> 00:03:51.040 that may be used in or around the home, Oregon hotels, restaurants, 00:03:51.040 --> 00:03:55.550 boarding houses, hospital canteens, barracks, et cetera. 00:03:55.550 --> 00:03:59.890 GIAMMANCO, DANA L Are articles that are not more specifically provided 00:03:59.890 --> 00:04:02.330 for elsewhere, and the harmonized tariff schedule. 00:04:03.547 --> 00:04:06.390 GIAMMANCO, DANA L Beverage containers are considered tableware articles. 00:04:11.523 --> 00:04:15.480 GIAMMANCO, DANA L Explanatory notes for heading 3924, tableware, 00:04:15.480 --> 00:04:19.800 kitchenware, other household articles, and hygienic or toilet articles 00:04:19.800 --> 00:04:20.200 of plastics. 00:04:20.200 --> 00:04:25.340 GIAMMANCO, DANA L 3924 provides for tableware, kitchenware, 00:04:25.340 --> 00:04:30.430 other household articles, and hygienic or toilet articles of plastics. 00:04:30.430 --> 00:04:34.410 3924 ten provides for tableware and kitchenware. 00:04:34.410 --> 00:04:39.850 GIAMMANCO, DANA L 3924 ninety is the other basket provision 00:04:39.850 --> 00:04:45.150 as per the explanatory notes for heading 3924, the definition of tableware 00:04:45.150 --> 00:04:49.480 and kitchenware of plastics covers the following articles of plastics. 00:04:49.480 --> 00:04:53.280 GIAMMANCO, DANA L So this heading covers the following articles 00:04:53.280 --> 00:04:59.420 of plastics, tableware such as tea or coffee servers, plates, 00:04:59.420 --> 00:05:06.110 soup terrines, salad bowls, dishes and traceable kinds, coffee pots, 00:05:06.110 --> 00:05:14.680 tea pots, sugar bowls, beer mugs, cups, sauce boats, fruit bowls, cruets, 00:05:14.680 --> 00:05:19.860 salt Cellars, mustard pots, egg cups, tea pot stands, table mats. 00:05:19.860 --> 00:05:22.591 GIAMMANCO, DANA L Knife rests, 00:05:22.592 --> 00:05:26.150 serviette rings, knives, forks and spoons 00:05:26.150 --> 00:05:28.150 and serviette rings are also known as napkin rings. 00:05:32.852 --> 00:05:36.220 GIAMMANCO, DANA L Explanatory notes in section notes for Chapter 39, 00:05:36.220 --> 00:05:41.900 Section 7, plastics and articles thereof, rubber and articles thereof. 00:05:41.900 --> 00:05:45.590 GIAMMANCO, DANA L No two this Charter does not cover articles 00:05:45.590 --> 00:05:51.150 of Charter 96, for example, brushes, buttons, slide, fasteners, 00:05:51.150 --> 00:05:56.469 Combs, mouthpieces were stems for smoking pipes, cigarette holders, 00:05:56.470 --> 00:05:57.937 or the like. 00:05:57.938 --> 00:06:01.210 GIAMMANCO, DANA L Parts of vacuum flasks or the like, 00:06:01.210 --> 00:06:07.970 pens propelling pencils and monopods pipe, bipods, tripods, 00:06:07.970 --> 00:06:09.290 and similar articles. 00:06:13.328 --> 00:06:15.510 GIAMMANCO, DANA L Section 7, chapter 39. 00:06:15.510 --> 00:06:17.830 Plastics and articles thereof. 00:06:17.830 --> 00:06:20.948 So beverage containers would be classified 00:06:20.949 --> 00:06:23.630 in this subheading of 3924 ten 4000. 00:06:24.649 --> 00:06:27.929 GIAMMANCO, DANA L Subheading 3924 Ten 4000 00:06:27.930 --> 00:06:31.440 is a basket provision encompassing a large array of products 00:06:31.440 --> 00:06:33.960 for the home restaurant or the commercial 00:06:33.960 --> 00:06:35.930 or institutional institutional setting. 00:06:35.930 --> 00:06:39.790 GIAMMANCO, DANA L Cops with saucers would be classified 00:06:39.790 --> 00:06:43.060 in subheading 3924 ten 2000. 00:06:43.060 --> 00:06:47.480 GIAMMANCO, DANA L Currently, items having a country of origin 00:06:47.480 --> 00:06:51.000 of China that are classified in subheading 3924, ten, 00:06:51.000 --> 00:06:55.210 4000 or not subject to section 301 trade remedy duties. 00:07:01.775 --> 00:07:06.480 GIAMMANCO, DANA L That heading 3924 ten 2000 cups and sauces. 00:07:06.480 --> 00:07:09.910 Only a plastic drinking vessel designed to be sold and used 00:07:09.910 --> 00:07:16.390 with a saucer is correctly classified in subheading 3924 ten 2000 00:07:16.390 --> 00:07:20.490 not all plastic drinking vessels are included in 3924. 00:07:20.490 --> 00:07:22.870 Ten 2000 as we will see on the next slides. 00:07:29.883 --> 00:07:33.671 GIAMMANCO, DANA L Here we have sippy cups, tumblers and drinking containers. 00:07:34.680 --> 00:07:37.810 All of the plastic drinking vessels are correctly classified 00:07:37.810 --> 00:07:43.170 in subheading 3924 ten 4000 plastic drinking containers 00:07:43.170 --> 00:07:48.780 and tumblers are not classified as cups, and 3924 ten 2000 00:07:48.780 --> 00:07:52.525 even if referenced on the invoice and marketed as cups. 00:07:55.400 --> 00:07:56.190 GIAMMANCO, DANA L So what's a Tumblr? 00:07:56.190 --> 00:07:58.950 GIAMMANCO, DANA L The definition of a Tumblr is 00:07:58.950 --> 00:08:06.070 from the Oxford English Dictionary, is sided in headquarters ruling H 111922, 00:08:06.070 --> 00:08:09.730 dated February 3rd, 2012. 00:08:09.730 --> 00:08:13.990 Here we have plastic tumblers with straws on the left, a blue wine Tumblr 00:08:13.990 --> 00:08:16.400 in the middle and a pink bathroom Tumblr. 00:08:16.400 --> 00:08:20.500 GIAMMANCO, DANA L So a Tumblr must be a drinking cup, 00:08:20.500 --> 00:08:23.520 has a tapering cylindrical or barrel shape. 00:08:23.520 --> 00:08:25.920 GIAMMANCO, DANA L Does not have a handle or a foot 00:08:25.920 --> 00:08:27.440 and has a heavy flat bottom. 00:08:27.440 --> 00:08:31.010 GIAMMANCO, DANA L So as you can see, the 1st 2 pitches 00:08:31.010 --> 00:08:35.780 of tumblers taper down to the base, whereas the pink bathroom Tumblr 00:08:35.780 --> 00:08:38.530 is a straight side barrel shaped. 00:08:38.530 --> 00:08:44.560 All of the tumblers are classified in subheading 3924, ten 4000, 00:08:44.560 --> 00:08:47.680 and the foot is the circular base to a cup and is attached 00:08:47.680 --> 00:08:48.650 to the stem of the cup. 00:08:52.963 --> 00:08:56.360 GIAMMANCO, DANA L Here we have plastic Halloween light of tumblers. 00:08:56.360 --> 00:08:59.350 These tumblers are sold directly to the consumer. 00:08:59.350 --> 00:09:03.360 They are reusable and are for repetitive household use. 00:09:03.360 --> 00:09:06.290 These items are drinking tumblers that are all made 00:09:06.290 --> 00:09:09.560 of clear colored food grade plastic. 00:09:09.560 --> 00:09:14.560 Each container contains light emitting diodes, LED's, and the base 00:09:14.560 --> 00:09:18.880 that flash intermittently when activated by a push button 00:09:18.880 --> 00:09:21.720 on the bottom surface of each Tumblr. 00:09:21.720 --> 00:09:23.840 A replaceable battery powers the LED's. 00:09:23.840 --> 00:09:27.840 GIAMMANCO, DANA L The LED shut off automatically approximately 00:09:27.840 --> 00:09:29.470 one minute after activation. 00:09:29.470 --> 00:09:32.990 GIAMMANCO, DANA L These items are considered to be composite goods 00:09:32.990 --> 00:09:36.740 within the meaning of general rule of interpretation GRI 3. 00:09:36.740 --> 00:09:40.550 GIAMMANCO, DANA L It was determined that the Templars function 00:09:40.550 --> 00:09:45.350 as drinking vessels even when the LED's are not activated. 00:09:45.350 --> 00:09:48.920 If the lights did not work at all, the receptacles can still be used 00:09:48.920 --> 00:09:50.050 to drink a beverage out of. 00:09:50.050 --> 00:09:54.320 GIAMMANCO, DANA L Therefore, the plastic tumblers provide these items 00:09:54.320 --> 00:09:59.110 with the essential character within the meaning of Gerri 3B, 00:09:59.110 --> 00:10:05.650 New York ruling and 176376 was issued on August 7th, 2011. 00:10:16.124 --> 00:10:17.629 GIAMMANCO, DANA L On the left of tumblers 00:10:17.630 --> 00:10:20.800 and on the right are drinking containers for toddlers. 00:10:20.800 --> 00:10:22.500 The bottom picture, our bathroom tumblers. 00:10:22.500 --> 00:10:28.310 GIAMMANCO, DANA L All the items are classified in subheading 3924 ten 4000. 00:10:30.338 --> 00:10:33.950 GIAMMANCO, DANA L So the explanatory notes to 3924 tableware, 00:10:33.950 --> 00:10:37.970 kitchenware, other household articles, and hygienic or toilet articles 00:10:37.970 --> 00:10:43.460 of plastics, the heading also covers cups without handles for table 00:10:43.460 --> 00:10:45.000 or toilet use. 00:10:45.000 --> 00:10:49.270 Not having the character of containers for the packing or conveyance 00:10:49.270 --> 00:10:52.850 of goods, whether or not sometimes used for such purposes. 00:10:52.850 --> 00:11:00.130 GIAMMANCO, DANA L Headquarters ruling H 239752 dated August 13th, 00:11:00.130 --> 00:11:08.170 2015 and New York ruling N 302962 dated March 8th, 2019. 00:11:08.170 --> 00:11:12.990 Classified bathroom tumblers and subheading 3924 ten 4000. 00:11:18.963 --> 00:11:22.410 GIAMMANCO, DANA L So the exclusion to 3924 are cups 00:11:22.410 --> 00:11:27.140 without handles having the character of containers used for the packing 00:11:27.140 --> 00:11:29.030 or conveyance of goods. 00:11:29.030 --> 00:11:32.340 These are classified and heading 3923. 00:11:32.340 --> 00:11:35.962 These are disposable containers of heading 3923 00:11:35.963 --> 00:11:39.630 as per the explanatory notes for heading 3924, 00:11:39.631 --> 00:11:44.070 these disposable containers are excluded from classification 00:11:44.070 --> 00:11:47.367 and heading 9 heading 3924. 00:11:47.368 --> 00:11:50.090 These disposable cups can be referred to as. 00:11:50.090 --> 00:11:52.100 GIAMMANCO, DANA L To go or take out cups. 00:12:02.133 --> 00:12:05.380 GIAMMANCO, DANA L Plastic water bottles are correctly classified 00:12:05.380 --> 00:12:09.940 as tableware, and subheading 3924 ten 4000. 00:12:09.940 --> 00:12:13.890 These plastic bottles may incorporate a drinking spout in the lid 00:12:13.890 --> 00:12:14.920 or a plastic straw. 00:12:14.920 --> 00:12:19.290 GIAMMANCO, DANA L If the water bottles are single or double insulated 00:12:19.290 --> 00:12:25.190 with no vacuum properties, they remain in subheading 3924 ten 4000. 00:12:25.190 --> 00:12:29.550 GIAMMANCO, DANA L The only time a plastic straw is classified 00:12:29.550 --> 00:12:35.140 as a household article is when it is imported with a plastic water bottle, 00:12:35.140 --> 00:12:41.210 as per DRI one chapter 39 note 8 plastic drinking straws and ported 00:12:41.210 --> 00:12:46.860 by themselves are specifically provided for and heading 3917. 00:12:46.860 --> 00:12:52.620 Heading 3917 provides for tubes, pipes and hoses and is handled by another NIS. 00:12:58.484 --> 00:13:00.500 GIAMMANCO, DANA L If the bottle contains a mere loop 00:13:00.500 --> 00:13:04.400 that can be used to carry it, or as a place to position a finger 00:13:04.400 --> 00:13:10.650 when twisting off the cap, it is still classified in subheading 3924 ten 4000. 00:13:20.711 --> 00:13:22.660 GIAMMANCO, DANA L Sorry, I had to take a sip of tea. 00:13:23.836 --> 00:13:25.278 GIAMMANCO, DANA L This item is referred 00:13:25.279 --> 00:13:27.530 to as the mist and Sip water bottle. 00:13:27.530 --> 00:13:29.810 It is for drinking and misting oneself with water. 00:13:29.810 --> 00:13:34.110 GIAMMANCO, DANA L The vessel has a volume capacity of 20 ounces 00:13:34.110 --> 00:13:35.340 and is designed to contain water. 00:13:35.340 --> 00:13:40.590 GIAMMANCO, DANA L The article consists of a body, A twist off lid, 00:13:40.590 --> 00:13:46.440 a pull top drink spell, a straw, a cap cover, a trigger button, 00:13:46.440 --> 00:13:47.790 and a finger loop holder. 00:13:48.800 --> 00:13:53.030 The lid cap has a miss slot and a pull top drink spout. 00:13:53.030 --> 00:13:56.850 To use the miss slot, the user presses the trigger button, 00:13:56.850 --> 00:13:59.520 which releases a spray of water. 00:13:59.527 --> 00:14:03.337 The plastic water bottle was sent to the customs Laboratory for analysis. 00:14:04.480 --> 00:14:08.240 Analysis determined that the vessel was a double walled receptacle 00:14:08.240 --> 00:14:09.640 with no vacuum properties. 00:14:10.740 --> 00:14:12.592 GIAMMANCO, DANA L A double wall is referred to 00:14:12.592 --> 00:14:14.400 as the inner wall of a vessel. 00:14:15.625 --> 00:14:18.810 GIAMMANCO, DANA L For a receptacle to have vacuum properties, 00:14:18.810 --> 00:14:22.420 the vessel has to be double walled and there needs to be a space 00:14:22.420 --> 00:14:24.640 in between the two walls for the vacuum. 00:14:24.640 --> 00:14:29.030 GIAMMANCO, DANA L Sometimes the space is actually actually a vacuum, 00:14:29.030 --> 00:14:34.130 while other times the space is not a vacuum and is simply filled with air. 00:14:34.130 --> 00:14:38.020 If it's simply filled with air, there are no vacuum properties. 00:14:42.602 --> 00:14:44.460 GIAMMANCO, DANA L Plastic water bottles excluded 00:14:44.460 --> 00:14:46.960 from subheading 3924 ten 4000. 00:14:49.088 --> 00:14:52.460 GIAMMANCO, DANA L A plastic water bottle is considered a sports bottle 00:14:52.460 --> 00:14:56.290 and is classifiable under heading 3926. 00:14:56.290 --> 00:15:00.680 If the plastic bottle has a fitted carrier case or holder, 00:15:00.680 --> 00:15:03.980 the bottle is designed for use primarily away from the home 00:15:03.980 --> 00:15:07.650 and is excluded from heading 3924. 00:15:07.650 --> 00:15:14.690 GIAMMANCO, DANA L Headquarters ruling 967178 dated August 24th, 2004. 00:15:14.690 --> 00:15:20.280 Classified a water bottle holder with a nylon strap with a plastic water bottle 00:15:20.280 --> 00:15:21.210 and subheading. 00:15:21.210 --> 00:15:30.980 3926 Ninety 9880, which is currently now 3926 Ninety 9985, which provides 00:15:30.980 --> 00:15:36.100 for other articles of plastics, other the bottle carrier resembles 00:15:36.100 --> 00:15:37.280 a sheath holster. 00:15:37.280 --> 00:15:39.220 GIAMMANCO, DANA L Or canteen cover. 00:15:39.220 --> 00:15:43.160 It is primarily shaped to contain the bottle and is designed 00:15:43.160 --> 00:15:45.130 to be worn on the person. 00:15:45.130 --> 00:15:48.010 The carrier is specifically fitted for this bottle. 00:15:54.650 --> 00:15:59.250 GIAMMANCO, DANA L Explanatory notes for heading 7323 articles made of iron 00:15:59.250 --> 00:16:01.460 or steel for table use. 00:16:01.460 --> 00:16:07.060 GIAMMANCO, DANA L Articles for table use consist of trays, dishes, 00:16:07.060 --> 00:16:13.230 plates, soup or vegetable dishes, sauce terrains, sugar basins, 00:16:13.230 --> 00:16:19.010 butter dishes, milk or cream jugs or derv dishes, coffee pots 00:16:19.010 --> 00:16:22.992 and percolators, but not including domestic percolators provided 00:16:23.000 --> 00:16:24.430 with the heat sauce. 00:16:24.430 --> 00:16:30.410 Heat source, sorry heading, which is classified and heading 7321 teapots, 00:16:30.410 --> 00:16:31.010 cups, mugs. 00:16:31.010 --> 00:16:36.010 GIAMMANCO, DANA L Tumblers, egg cups, finger bowls, bread 00:16:36.015 --> 00:16:41.320 or fruit dishes and baskets, teapot or simular stands, tea strainers, 00:16:41.320 --> 00:16:45.830 cruets knife rests, wine, cooling buckets, etcetera. 00:16:45.830 --> 00:16:49.900 Wine pouring cradles, serviette rings which are napkin rings 00:16:49.900 --> 00:16:52.080 and tablecloth clips. 00:16:52.080 --> 00:16:56.720 However, unlike the explanatory notes for heading 3924, 00:16:56.720 --> 00:17:01.290 which includes classification of plastic forks, knives and spoons, 00:17:01.290 --> 00:17:02.640 the explanatory notes. 00:17:02.640 --> 00:17:08.380 GIAMMANCO, DANA L We're heading 7323 excludes cutlery, spoons, 00:17:08.380 --> 00:17:16.900 fork ladles of headings 8211 to 8215, an addition household articles having 00:17:16.900 --> 00:17:20.750 the character of tools or that have a metal cutting edge, 00:17:20.772 --> 00:17:24.959 for example, a cheese graters can openers, bottle openers, 00:17:24.960 --> 00:17:28.450 pepper or coffee mills are classified, and chapter 82. 00:17:34.713 --> 00:17:38.390 GIAMMANCO, DANA L Beverage containers of heading 7323. 00:17:38.390 --> 00:17:44.120 So just as a recap, beverage containers of heading 7323 is considered tableware, 00:17:44.120 --> 00:17:47.490 tableware includes articles used on the table for the serving 00:17:47.490 --> 00:17:49.190 and the eating of food. 00:17:49.190 --> 00:17:53.380 So the section notes to section 15, which is base metals and articles 00:17:53.380 --> 00:18:00.650 of base metal note one excludes handsets, buttons, pens, pencil holders, 00:18:00.650 --> 00:18:04.500 pen nibs, monopods, bipods, tripods. 00:18:04.500 --> 00:18:07.980 GIAMMANCO, DANA L And similar articles or other articles 00:18:07.980 --> 00:18:13.580 of Chapter 96 which are miscellaneous manufactured articles 00:18:13.580 --> 00:18:17.521 and Charter 96 miscellaneous manufacturer articles 00:18:17.522 --> 00:18:22.875 include the vacuum flasks and vacuum vessels of heading 9617. 00:18:30.500 --> 00:18:34.690 GIAMMANCO, DANA L So the explanatory notes for 7323 table kitchen 00:18:34.690 --> 00:18:39.440 or other household articles and parts thereof of iron or steel, 00:18:39.440 --> 00:18:47.190 the heading excludes by end handsets heading 9604 cigarette lighters 00:18:47.190 --> 00:18:53.040 and other lighters heading 9613, vacuum flasks and other vacuum vessels 00:18:53.040 --> 00:18:55.770 of heading 9617. 00:18:55.770 --> 00:18:59.910 If you have a stainless steel vessel with partial or vacuum properties, 00:18:59.910 --> 00:19:02.870 it is not classified and heading 7323. 00:19:02.870 --> 00:19:07.340 GIAMMANCO, DANA L It is classified in subheading 9617 00:19:07.340 --> 00:19:13.100 as a vacuum flask and other vacuum vessels of heading 9617, 00:19:13.100 --> 00:19:21.890 as per headquarters ruling, H3O3684 dated July 7th, 2021, 00:19:21.890 --> 00:19:23.310 which we will discuss later on. 00:19:28.900 --> 00:19:33.214 GIAMMANCO, DANA L Section 15, Chapter 73, articles of iron, steel, 00:19:34.199 --> 00:19:38.409 stainless steel beverage containers are classified in subheading seventy, 00:19:38.410 --> 00:19:43.776 320-393-0080, stainless steel beverage containers 00:19:43.777 --> 00:19:47.210 from China that are classified 00:19:47.210 --> 00:19:53.170 in subheading seventy, 320-393-0080 are not subject 00:19:53.170 --> 00:19:55.690 to section 301 trade remedy duties. 00:20:00.101 --> 00:20:02.769 GIAMMANCO, DANA L So what gets classified in subheading seventy, 00:20:02.770 --> 00:20:13.150 320-393-0080, New York, ruling N 321134, issued December 3rd, 2021, 00:20:13.150 --> 00:20:17.550 classified a stainless steel drinking Tumblr in subheading seventy, 00:20:17.550 --> 00:20:21.770 320-393-0080. 00:20:21.770 --> 00:20:25.590 Here we have a drinking Tumblr designed to carry beverages. 00:20:25.590 --> 00:20:27.970 The Tumblr was described in the ruling request 00:20:27.970 --> 00:20:30.420 as a double walled stemless steel cup. 00:20:30.420 --> 00:20:31.460 GIAMMANCO, DANA L The plastic lid. 00:20:31.460 --> 00:20:34.980 GIAMMANCO, DANA L The importer was request was requesting 00:20:34.988 --> 00:20:39.588 for the drinking vessel to be classified in subheading 9617, 00:20:40.659 --> 00:20:45.069 OH, 1000 of the Harmonized Tariff schedule of the United States, 00:20:45.070 --> 00:20:49.080 which provides for vacuum flasks and other vacuum vessels, 00:20:49.080 --> 00:20:54.400 complete with cases, parts thereof, other than glass enters vessels 00:20:54.400 --> 00:20:57.020 having a capacity not exceeding one liter. 00:20:57.020 --> 00:21:02.190 GIAMMANCO, DANA L The cop went to the customs lab for analysis. 00:21:02.190 --> 00:21:06.680 Laboratory analysis confirmed that the sample was a double walled receptacle 00:21:06.680 --> 00:21:09.250 and had no vacuum properties. 00:21:09.250 --> 00:21:12.210 Stainless steel beverage containers that are made of single 00:21:12.210 --> 00:21:16.820 or double walled construction containing no vacuum properties are classified 00:21:16.820 --> 00:21:21.625 in subheading seventy, 320-393-0080. 00:21:31.523 --> 00:21:33.839 GIAMMANCO, DANA L On the left we have a stainless steel bathroom Tumblr. 00:21:35.963 --> 00:21:41.350 GIAMMANCO, DANA L New York ruling and 2546 ninety issued July 21st, 00:21:41.350 --> 00:21:46.320 2014 and on the right we have stainless steel water bottle, 00:21:46.320 --> 00:21:48.890 New York ruling and 299732. 00:21:48.890 --> 00:21:52.130 GIAMMANCO, DANA L Issued August 29th, 2018. 00:21:52.130 --> 00:21:57.040 GIAMMANCO, DANA L So the water bottle on the right has a screw on lid. 00:21:57.040 --> 00:22:01.150 The lid has a small carry handle and a pop up spout attached 00:22:01.150 --> 00:22:03.440 to the inside of the straw. 00:22:03.440 --> 00:22:06.040 The vessel is a single wall construction 00:22:06.040 --> 00:22:08.520 and does not have any vacuum properties. 00:22:08.520 --> 00:22:11.651 GIAMMANCO, DANA L So it was classified 00:22:11.651 --> 00:22:14.750 in subheading seventy, 320-393-0080. 00:22:17.963 --> 00:22:20.810 GIAMMANCO, DANA L Here we have a stainless steel water bottle. 00:22:20.810 --> 00:22:25.620 It is made of single wall construction with no vacuum properties. 00:22:25.620 --> 00:22:35.350 New York ruling N 2700 ninety issued November 17th 2015 classified this item 00:22:35.350 --> 00:22:38.470 in seventy 320-393-0080. 00:22:43.150 --> 00:22:46.085 GIAMMANCO, DANA L What is not classified in subheading seventy, 00:22:46.092 --> 00:22:48.782 320-393-0080. 00:22:49.500 --> 00:22:52.300 Here we have a Halloween mini flask. 00:22:52.300 --> 00:22:58.030 The flask is made of stainless steel and is made of a single wall construction. 00:22:58.030 --> 00:23:00.950 The flask is designed to hold liquor and is intended 00:23:00.950 --> 00:23:03.440 to be used at Halloween parties. 00:23:03.440 --> 00:23:07.780 The flask is not considered table where articles for household use. 00:23:07.780 --> 00:23:13.550 The flask was classified in subheading 7326 ninety 3500. 00:23:13.550 --> 00:23:17.790 GIAMMANCO, DANA L Which provides for articles of iron or steel, 00:23:17.790 --> 00:23:22.656 other other containers of a kind normally carried on the person 00:23:22.678 --> 00:23:27.879 in the pocket or in the handbag containers of a kind normally carried 00:23:27.880 --> 00:23:32.600 on the person in the pocket or in the handbag, is not considered table, 00:23:32.600 --> 00:23:36.600 where articles for household use and heading 7323. 00:23:36.600 --> 00:23:41.970 GIAMMANCO, DANA L New York, ruling N 316336, was issued 00:23:41.970 --> 00:23:43.840 on December 18th, 2020. 00:23:49.025 --> 00:23:51.730 GIAMMANCO, DANA L What is also not classified in subheading seventy, 00:23:51.730 --> 00:23:57.520 320-393-0080, here we have stainless steel beverage containers made 00:23:57.520 --> 00:24:02.540 of double wolf construction either having partial or vacuum properties. 00:24:02.540 --> 00:24:09.240 The correct classification is heading 96 seventeen, 00 vacuum flasks 00:24:09.240 --> 00:24:10.780 and other vacuum vessels. 00:24:10.780 --> 00:24:14.380 Complete parts thereof other than glass enters vessels. 00:24:24.275 --> 00:24:30.610 GIAMMANCO, DANA L Had quarters ruling H3O3684 issue July 7th, 2021. 00:24:32.650 --> 00:24:35.531 GIAMMANCO, DANA L Headquarters Rolling Age 303684 00:24:35.532 --> 00:24:42.130 involved the revocation of four New York rulings and 297758. 00:24:42.130 --> 00:24:47.800 GIAMMANCO, DANA L And 297169 N 254461. 00:24:47.800 --> 00:24:53.030 GIAMMANCO, DANA L And 264760 classification 00:24:53.030 --> 00:24:56.600 of insulated stainless steel beverage containers. 00:24:56.600 --> 00:25:01.290 So the background of the containers that issue and all four of these rulings. 00:25:01.290 --> 00:25:05.340 GIAMMANCO, DANA L All feature an insulating double wall construction 00:25:05.340 --> 00:25:08.860 with a partial vacuum in between the two walls. 00:25:08.860 --> 00:25:12.710 However, the bottles lacked an additional outer casing beyond 00:25:12.710 --> 00:25:14.120 the second stainless steel wall. 00:25:14.120 --> 00:25:19.110 GIAMMANCO, DANA L Initially, CBP determined that the lack 00:25:19.110 --> 00:25:22.400 of an outer protective casing on the beverage containers 00:25:22.400 --> 00:25:27.460 at issue precluded the classification and heading 9617. 00:25:27.460 --> 00:25:31.555 GIAMMANCO, DANA L The beverage containers were classified 00:25:31.556 --> 00:25:32.920 in heading 7323. 00:25:39.523 --> 00:25:42.379 GIAMMANCO, DANA L Headquarters reviewed the four rulings 00:25:42.380 --> 00:25:44.447 and determined that the insulated 00:25:44.448 --> 00:25:47.390 stainless steel beverage containers comprised 00:25:47.390 --> 00:25:51.540 of double walled construction with vacuum properties that lacked 00:25:51.540 --> 00:25:55.610 an outer protective casing should not be classified as table, 00:25:55.610 --> 00:26:00.480 kitchen or other household articles of steel and heading 7323. 00:26:04.086 --> 00:26:06.664 GIAMMANCO, DANA L No one M to section 15. 00:26:08.150 --> 00:26:09.700 GIAMMANCO, DANA L I apologize. 00:26:09.700 --> 00:26:13.044 Note one end to section 15 excludes products 00:26:13.045 --> 00:26:15.539 of Chapter 96 from classification 00:26:15.569 --> 00:26:21.619 in Charters 72 through 83 as the instant merchandise 00:26:21.620 --> 00:26:27.950 is prime aphasia classifiable and heading 9617, it cannot be classified 00:26:27.950 --> 00:26:34.390 and heading 7323 pursuant to GRE's one in six. 00:26:34.390 --> 00:26:39.150 The stainless steel containers at issue are classified in heading 9617. 00:26:39.150 --> 00:26:43.628 GIAMMANCO, DANA L Specifically subheading ninety 617-0010, 00:26:43.629 --> 00:26:48.438 which provides for vacuum flasks and other vacuum vessels, 00:26:48.439 --> 00:26:53.490 complete with cases, parts thereof other than glass enters vessels having 00:26:53.490 --> 00:26:56.580 of capacity not exceeding one leader. 00:26:56.580 --> 00:27:02.500 The 2021 column one general rate of duty is 7.2 adva Laurium. 00:27:02.500 --> 00:27:04.843 We'll discuss this ruling later in detail. 00:27:04.869 --> 00:27:08.579 Just to recap, double wall is referred to as the inner wall of a vessel. 00:27:12.338 --> 00:27:16.350 GIAMMANCO, DANA L 9617 vacuum flasks and other vacuum vessels, 00:27:16.350 --> 00:27:19.920 complete with cases, parts thereof other than glass enters. 00:27:19.920 --> 00:27:25.590 GIAMMANCO, DANA L So now we know that in order to classify a vacuum flask 00:27:25.590 --> 00:27:29.710 or vacuum vessel and heading 9617, it must be made 00:27:29.710 --> 00:27:35.010 of double wall construction, contain partial or vacuum properties. 00:27:35.010 --> 00:27:39.570 So now we know that in order to classify a vacuum flask or vacuum vessel, 00:27:39.570 --> 00:27:41.790 it must meet two requirements. 00:27:41.790 --> 00:27:48.150 The heading for 9617 which states parts thereof other than glass enters, 00:27:48.150 --> 00:27:51.200 refers to glass enters that are classified. 00:27:51.200 --> 00:27:53.040 GIAMMANCO, DANA L And heading 7020. 00:27:53.040 --> 00:27:57.950 GIAMMANCO, DANA L By the way, when we speak a vacuum, it means the absence 00:27:57.950 --> 00:28:02.870 of air and a beverage container with a double wolf construction inside of it. 00:28:02.870 --> 00:28:06.540 The air between the two walls is sucked out during construction, 00:28:06.540 --> 00:28:10.960 thereby creating a vacuum instead of containing some kind of heating element 00:28:10.960 --> 00:28:12.830 to keep hot things hot. 00:28:12.830 --> 00:28:16.450 It is designed to keep hot things hot by not allowing heat to escape. 00:28:16.450 --> 00:28:19.990 GIAMMANCO, DANA L He can be transferred through the air. 00:28:19.990 --> 00:28:23.760 GIAMMANCO, DANA L To keep heat from escaping, you need insulation 00:28:23.760 --> 00:28:28.350 and the best insulator possible is a vacuum, because there is no air. 00:28:28.350 --> 00:28:32.860 If there is no air to transfer heat, then the heat is retained where it is 00:28:32.860 --> 00:28:37.190 and where you want it, which is either your beverage or in your food. 00:28:37.190 --> 00:28:40.910 Also the same vacuum that keeps hot things hot keeps cold. 00:28:40.910 --> 00:28:46.130 Things cold, cold contents and the container are prevented from reaching it 00:28:46.130 --> 00:28:49.480 because of the vacuum between the double wall construction. 00:29:00.838 --> 00:29:04.030 GIAMMANCO, DANA L Explanatory notes 9617. 00:29:04.030 --> 00:29:06.560 Vacuum flasks and other vacuum vessels. 00:29:06.560 --> 00:29:08.360 Complete parts thereof. 00:29:08.360 --> 00:29:09.180 Other than glass enters. 00:29:09.180 --> 00:29:14.280 GIAMMANCO, DANA L So this heading covers vacuum flasks 00:29:14.280 --> 00:29:18.520 and other similar vacuum vessels, provided they are complete. 00:29:18.520 --> 00:29:24.140 This group includes vacuum jars, jugs, crafts, etcetera designed 00:29:24.140 --> 00:29:29.140 to keep liquids, food or other products at fairly constant temperature 00:29:29.140 --> 00:29:31.640 for reasonable periods of time. 00:29:31.640 --> 00:29:35.290 These articles usually consist of a double walled receptacle, 00:29:35.290 --> 00:29:39.900 which is the inner generally of glass with a vacuum created between the walls. 00:29:39.900 --> 00:29:42.840 GIAMMANCO, DANA L And a protective adder casing of metal, 00:29:42.840 --> 00:29:47.740 plastics or other material, sometimes covered with paper, leather, leather, 00:29:47.740 --> 00:29:48.340 cloth, etcetera. 00:29:48.340 --> 00:29:52.530 GIAMMANCO, DANA L The space between the vacuum container 00:29:52.530 --> 00:29:56.020 and the outer casing may be packed with insulating material, 00:29:56.020 --> 00:29:58.990 glass fibre cork or felt. 00:29:58.990 --> 00:30:00.040 The heading also includes. 00:30:00.040 --> 00:30:04.360 GIAMMANCO, DANA L Double walled stainless steel vacuum insulated 00:30:04.360 --> 00:30:07.400 thermal flask without a protective outer case 00:30:07.400 --> 00:30:09.090 which perform temperature retention. 00:30:10.039 --> 00:30:12.960 GIAMMANCO, DANA L And the case of vacuum flasks, the lid can often be used 00:30:12.960 --> 00:30:13.620 as a cop. 00:30:13.620 --> 00:30:18.220 GIAMMANCO, DANA L Two other cases, lids and cups of metal, plastics, 00:30:18.220 --> 00:30:22.860 et cetera for vacuum flasks or other vacuum vessels, 00:30:22.860 --> 00:30:27.050 the heading does not cover separate glass enters, which are classified 00:30:27.050 --> 00:30:28.070 and heading 7020. 00:30:28.070 --> 00:30:31.784 GIAMMANCO, DANA L The explanatory notes 00:30:31.785 --> 00:30:34.980 to heading 9617 were revised in 2017 00:30:34.980 --> 00:30:40.010 to explicitly clarify that the heading also includes double walled 00:30:40.010 --> 00:30:45.560 stainless steel vacuum insulated thermal flasks without a protective outer case, 00:30:45.560 --> 00:30:47.590 which perform temperature retention. 00:30:47.590 --> 00:30:51.970 GIAMMANCO, DANA L Currently there is a core case on adder cases, 00:30:51.970 --> 00:30:57.250 lids and cups and subheading 9617 zero Zero 6000 O. 00:30:57.250 --> 00:31:02.000 We are unable to issue any rulings as long as the Court case continues. 00:31:05.150 --> 00:31:06.810 GIAMMANCO, DANA L So how does CBP determine 00:31:06.810 --> 00:31:09.240 if the article contains vacuum profit properties? 00:31:09.240 --> 00:31:13.273 GIAMMANCO, DANA L By our customs laboratory, 00:31:13.299 --> 00:31:16.999 the submitted sample gets sent directly to our laboratory for analysis. 00:31:17.000 --> 00:31:21.620 GIAMMANCO, DANA L The sample is destroyed during analysis. 00:31:21.620 --> 00:31:25.170 If I request a sample from the importer, I will tell the importer 00:31:25.170 --> 00:31:29.140 that their sample will be destroyed during analysis and will not be returned 00:31:29.140 --> 00:31:30.140 to them. 00:31:30.500 --> 00:31:34.820 The laboratory can only determine if the receptacle consists of a single 00:31:34.820 --> 00:31:37.130 or double walled construction. 00:31:37.130 --> 00:31:42.460 The CBP laboratory test to see if the vessel contains vacuum properties. 00:31:49.275 --> 00:31:51.720 GIAMMANCO, DANA L If the vessel contains an outer casing, 00:31:51.720 --> 00:31:54.770 the laboratory can determine what type of material 00:31:54.770 --> 00:31:56.520 the protective outer casing is. 00:31:57.541 --> 00:32:02.151 The protective outer casing can be made of metal, plastics, or other materials. 00:32:03.149 --> 00:32:06.709 The lab can determine the type of material the vessel is made of. 00:32:06.710 --> 00:32:08.850 For example, the type of metal or plastic. 00:32:08.850 --> 00:32:11.660 GIAMMANCO, DANA L The vessel must be made 00:32:11.660 --> 00:32:15.170 of double wolf construction to have vacuum properties. 00:32:15.170 --> 00:32:19.510 There must be a space in between the two walls for the vacuum. 00:32:19.510 --> 00:32:24.470 Additionally, there could be a third wall to enclose around the double wall. 00:32:24.470 --> 00:32:29.170 For example, if the two walls are glass and have a vacuum between them, 00:32:29.170 --> 00:32:31.544 there could be an additional wool externally 00:32:31.545 --> 00:32:33.180 to provide further protection. 00:32:34.774 --> 00:32:38.889 GIAMMANCO, DANA L The laboratory does not often see glass vacuum vessels, 00:32:38.890 --> 00:32:44.060 the vacuum vessels that the lab analyze are primarily stainless steel 00:32:44.060 --> 00:32:45.980 for stainless steel vessels. 00:32:45.980 --> 00:32:50.100 The vacuum is between the outer and inner steel walls. 00:32:50.100 --> 00:32:52.440 There are no glass inners. 00:32:52.440 --> 00:32:56.560 The outer wall of the vacuum vessel also serves as the casing. 00:32:56.560 --> 00:32:59.460 GIAMMANCO, DANA L The reason why the laboratory 00:32:59.460 --> 00:33:02.660 does not often see glass vacuum vessels is that 00:33:02.660 --> 00:33:07.050 currently stainless steel vacuum vessels are in high consumer demand 00:33:07.050 --> 00:33:09.190 and have dominated the marketplace. 00:33:15.275 --> 00:33:17.270 GIAMMANCO, DANA L Section 20, chapter 96. 00:33:17.270 --> 00:33:19.530 Miscellaneous manufactured articles. 00:33:21.588 --> 00:33:24.700 GIAMMANCO, DANA L Merchandise having a country of origin of China, 00:33:24.700 --> 00:33:30.860 classified under subheading 9617 Zero Zero 4000, are subject 00:33:30.860 --> 00:33:33.710 to Section 301 trade remedy duties. 00:33:33.710 --> 00:33:39.550 In subheading 9903, eighty 815 seven point 5% additional duties. 00:33:50.775 --> 00:33:55.750 GIAMMANCO, DANA L So let's go back to headquarters ruling H3O3684 00:33:55.750 --> 00:34:04.050 dated July 7th, 2021 for the revocation of New York rulings 297758. 00:34:04.050 --> 00:34:07.570 GIAMMANCO, DANA L 297169. 00:34:07.570 --> 00:34:10.275 GIAMMANCO, DANA L 254461. 00:34:11.063 --> 00:34:15.320 GIAMMANCO, DANA L And 2647 sixty, which was for the classification 00:34:15.320 --> 00:34:19.090 of insulated stainless steel beverage containers. 00:34:19.090 --> 00:34:22.870 GIAMMANCO, DANA L So all of the insulated beverage containers 00:34:22.870 --> 00:34:25.450 they are designed to carry hotter cold beverages. 00:34:25.450 --> 00:34:29.610 GIAMMANCO, DANA L They are made of double walled stainless steel 00:34:29.610 --> 00:34:32.890 with a partial vacuum between the walls to serve 00:34:32.898 --> 00:34:35.238 as a barrier preventing heat transfer. 00:34:36.239 --> 00:34:39.399 GIAMMANCO, DANA L Contain plastic lids designed to seal the containers 00:34:39.400 --> 00:34:40.870 and keep liquids from spilling. 00:34:40.870 --> 00:34:44.830 GIAMMANCO, DANA L They do not contain any protective outer casing 00:34:44.830 --> 00:34:49.950 around the double walled construction and are classified and heading 7323. 00:34:54.963 --> 00:34:57.090 GIAMMANCO, DANA L So the containers at issue 00:34:57.090 --> 00:35:02.220 in the four New York rulings feature and insulating double walled construction 00:35:02.220 --> 00:35:05.800 with a partial vacuum in between the two walls. 00:35:05.800 --> 00:35:09.320 However, the bottles lacked an additional outer casing 00:35:09.320 --> 00:35:12.130 beyond the second stainless steel wall. 00:35:12.130 --> 00:35:16.860 Initially, CBP determined that the lack of an outer protective casing 00:35:16.860 --> 00:35:21.170 on the beverage containers at issue precluded their classification 00:35:21.170 --> 00:35:22.710 and heading 9617. 00:35:22.710 --> 00:35:29.050 GIAMMANCO, DANA L Headquarters ruling each 303684 stated 00:35:29.050 --> 00:35:36.390 that heading 9617 provides for vacuum flasks and other vacuum vessels, 00:35:36.390 --> 00:35:39.330 complete with cases, emphasis added. 00:35:39.330 --> 00:35:43.940 Heading 9617 does not specify what is meant by complete with cases. 00:35:43.940 --> 00:35:48.880 GIAMMANCO, DANA L The explanatory note to heading 9617 clarify 00:35:48.880 --> 00:35:52.730 that these articles consist of a double walled receptacle. 00:35:52.730 --> 00:35:57.590 The inner generally of glass with a vacuum created between the walls 00:35:57.590 --> 00:36:02.280 and a protective outer casing of metal, plastics, or other material. 00:36:02.280 --> 00:36:07.020 The explanatory notes does not clearly state that the outer casing cannot 00:36:07.020 --> 00:36:08.760 be the same as the outer wall. 00:36:15.088 --> 00:36:18.240 GIAMMANCO, DANA L Headquarters do not believe this position was supported 00:36:18.240 --> 00:36:22.650 by the legal text or the explanatory notes to heading 9617. 00:36:22.650 --> 00:36:28.080 GIAMMANCO, DANA L Neither heading 9617 nor the explanatory notes 00:36:28.080 --> 00:36:34.030 to heading 996, seventeen clearly states that the outer casing cannot 00:36:34.030 --> 00:36:37.550 be the same as the outer wall and addition. 00:36:37.550 --> 00:36:42.531 The explanatory notes to heading 9617 was revised 00:36:42.532 --> 00:36:45.520 in 2017 to explicitly clarify 00:36:45.520 --> 00:36:51.420 that the heading also includes a double walled stainless steel vacuum insulated 00:36:51.420 --> 00:36:53.810 thermal flasks without a protective. 00:36:53.810 --> 00:36:58.140 GIAMMANCO, DANA L Outer case which performs temperature retention. 00:36:58.140 --> 00:37:01.660 So to break this down, let's visualize three layers. 00:37:01.660 --> 00:37:06.230 The first layer is the inner wall and the second layer is the outer wall. 00:37:06.230 --> 00:37:10.210 If the beverage container contains an outer casing, that is the third layer. 00:37:10.210 --> 00:37:14.280 GIAMMANCO, DANA L So if the beverage containers have an inner 00:37:14.280 --> 00:37:19.020 and outer wall which is a double walled, and our vacuum insulated, 00:37:19.020 --> 00:37:24.110 an additional outer casing is not required to be classified in 9617, 00:37:24.110 --> 00:37:25.860 it's still meets the terms of the heading. 00:37:25.860 --> 00:37:30.100 GIAMMANCO, DANA L Therefore, headquarters found the scope 00:37:30.100 --> 00:37:34.440 of heading 9617 is not limited to containers having 00:37:34.471 --> 00:37:39.111 a double walled vacuum construction and an additional outer casing. 00:37:40.160 --> 00:37:43.830 All of the instinct containers have a double walled construction 00:37:43.830 --> 00:37:46.570 that performs temperature retention. 00:37:46.570 --> 00:37:50.290 Therefore, the products meet the terms of heading 9617, 00:37:50.290 --> 00:37:53.160 whether they have an additional outer casing or not. 00:37:58.838 --> 00:38:01.930 GIAMMANCO, DANA L Headquarters indicated that the legal tax provides 00:38:01.930 --> 00:38:05.800 for vacuum flasks and other vacuum vessels, complete 00:38:05.800 --> 00:38:11.010 with cases the instant containers are clearly vacuum flasks within the meaning 00:38:11.010 --> 00:38:15.500 of the tariff, featuring vacuum insulated between the inner 00:38:15.500 --> 00:38:17.770 and outer shell of the container. 00:38:17.770 --> 00:38:22.530 They also have a hard, durable, and protective outer shell of steel, 00:38:22.530 --> 00:38:26.460 which is consistent with the meaning of the term case. 00:38:26.460 --> 00:38:28.680 There is no requirement in the legal text. 00:38:28.680 --> 00:38:34.030 GIAMMANCO, DANA L That a case must be separate distinct unintegrated covering 00:38:34.030 --> 00:38:38.110 and not a protective outer shell or covering headquarters, 00:38:38.110 --> 00:38:41.246 found the legal text, supports the classification 00:38:41.247 --> 00:38:44.750 of the instant merchandise and heading 9617. 00:38:50.149 --> 00:38:55.809 GIAMMANCO, DANA L In addition, note 1M to section 15 excludes products 00:38:55.810 --> 00:39:02.500 of Chapter 96 from classification and charters 72 through 83 00:39:02.500 --> 00:39:09.350 as the instant merchandise is Prima Facia classifiable, and heading 9617, 00:39:09.350 --> 00:39:12.500 it cannot be classified and heading 7323. 00:39:12.500 --> 00:39:14.987 GIAMMANCO, DANA L The beverage containers 00:39:14.988 --> 00:39:16.700 that issue in New York rulings 00:39:16.700 --> 00:39:28.430 and 297758 and 297169 N 254461 and N 2647. 00:39:28.430 --> 00:39:33.380 Sixty are therefore classified and heading 9617. 00:39:33.380 --> 00:39:36.390 GIAMMANCO, DANA L Subheading, ninety 617-0010. 00:39:36.390 --> 00:39:40.590 GIAMMANCO, DANA L The stainless steel containers are classified 00:39:40.590 --> 00:39:45.833 and heading 9617, specifically subheading ninety 617-0010 00:39:45.834 --> 00:39:48.392 which provides for vacuum flasks 00:39:48.393 --> 00:39:52.150 and other vacuum vessels complete with cases, 00:39:52.150 --> 00:39:56.430 parts thereof other than glass inners vessels having a capacity 00:39:56.430 --> 00:39:57.420 not exceeding one liter. 00:39:57.420 --> 00:40:04.810 GIAMMANCO, DANA L The 2021 column one general rate of duty is 7.2 at VALORUM. 00:40:06.300 --> 00:40:09.770 GIAMMANCO, DANA L And the 2022 column one general rate 00:40:09.770 --> 00:40:11.240 of duty is still 7.2 add valorem. 00:40:18.406 --> 00:40:20.300 GIAMMANCO, DANA L So here is a little history. 00:40:20.300 --> 00:40:26.370 GIAMMANCO, DANA L Sir James Dewar's, creator of the Doer Flask honor, 00:40:26.370 --> 00:40:27.380 about 1892. 00:40:27.380 --> 00:40:31.600 GIAMMANCO, DANA L Scottish chemist and physicist, 00:40:31.600 --> 00:40:35.120 whose research with materials at low temperature led him 00:40:35.120 --> 00:40:40.650 to devise the doer vacuum insulated double wall Flask and 1892. 00:40:43.275 --> 00:40:45.710 GIAMMANCO, DANA L The first insulated bottle was a container 00:40:45.717 --> 00:40:46.659 for liquid oxygen. 00:40:46.660 --> 00:40:49.290 GIAMMANCO, DANA L It was designed by the Scottish. 00:40:49.290 --> 00:40:53.650 GIAMMANCO, DANA L Scientists Sir James Dewar in 1892, 00:40:53.650 --> 00:40:57.480 Dewer used his flasks only for keeping laboratory chemicals cold. 00:40:57.480 --> 00:41:02.640 GIAMMANCO, DANA L It was a vessel having double walls, the space between 00:41:02.640 --> 00:41:07.000 being evacuated and the surfaces facing the vacuum being heat reflective. 00:41:07.000 --> 00:41:11.980 GIAMMANCO, DANA L His original flask were made of class with a coating 00:41:11.980 --> 00:41:13.648 of mirror silver. 00:41:13.650 --> 00:41:16.870 This type is still used today in the laboratory. 00:41:16.870 --> 00:41:20.000 GIAMMANCO, DANA L Do or created his insulated bottle 00:41:20.000 --> 00:41:25.480 by sealing one bottle inside another and pumping out the air between them. 00:41:25.480 --> 00:41:28.180 This created a vacuum which is an effective insulator. 00:41:28.180 --> 00:41:32.484 GIAMMANCO, DANA L To do or flask is commonly known today 00:41:32.485 --> 00:41:33.990 as a thermos bottle. 00:41:33.990 --> 00:41:37.580 Sir James Dewar never patented his invention. 00:41:37.580 --> 00:41:42.080 However, he didn't fact patent part of his idea, removing air 00:41:42.080 --> 00:41:45.070 from a vessel to make a vacuum, but not enough 00:41:45.078 --> 00:41:48.108 to protect the entire invention of the vacuum flask. 00:41:49.179 --> 00:41:52.569 As you can see on the diagram of the right, the flask 00:41:52.570 --> 00:41:56.290 with thermos bottle contains an inner bottle and an arrow bottle 00:41:56.290 --> 00:41:58.250 and has vacuum properties. 00:41:58.250 --> 00:42:00.750 GIAMMANCO, DANA L There is a vacuum which is the space 00:42:00.750 --> 00:42:03.050 between the inner bottle and the outer bottle. 00:42:13.953 --> 00:42:16.550 GIAMMANCO, DANA L Here is a diagram of an insulated vacuum flask. 00:42:16.550 --> 00:42:19.260 GIAMMANCO, DANA L The hot or cold beverage is inside. 00:42:19.260 --> 00:42:24.150 GIAMMANCO, DANA L It has an inner wall and an outer wall. 00:42:24.150 --> 00:42:27.010 There is vacuum insulation between the two walls. 00:42:27.010 --> 00:42:31.490 GIAMMANCO, DANA L The vacuum insulated layer between the double walls 00:42:31.490 --> 00:42:36.250 of stainless steel stops the heat and air transfer from inside 00:42:36.250 --> 00:42:40.390 to outside or outside to inside the same vacuum 00:42:40.390 --> 00:42:42.920 that keeps hot things hot keeps cold things cold. 00:42:42.920 --> 00:42:47.880 GIAMMANCO, DANA L Heat that might otherwise transfer to the cold contents 00:42:47.880 --> 00:42:50.680 of the vessel is prevented from reaching it 00:42:50.680 --> 00:42:53.030 because of the vacuum between the walls of the flask. 00:42:53.030 --> 00:42:56.020 GIAMMANCO, DANA L In other words, the vacuum 00:42:56.020 --> 00:42:58.910 between the walls is a barrier to heat loss or gain. 00:42:58.910 --> 00:43:03.790 GIAMMANCO, DANA L The outer case can be of plastic or stainless steel. 00:43:03.790 --> 00:43:06.243 GIAMMANCO, DANA L Also in vacuum flasks, 00:43:06.244 --> 00:43:08.250 the lid can often be used as a cop. 00:43:08.250 --> 00:43:12.560 GIAMMANCO, DANA L This flask appears to have an outer casing. 00:43:12.560 --> 00:43:15.350 We see the inner wall and the outer wall 00:43:15.350 --> 00:43:17.390 and a dark shaded outline around the flask. 00:43:17.413 --> 00:43:21.709 GIAMMANCO, DANA L Also, the total numbers of hours for the warmth 00:43:21.710 --> 00:43:24.220 and cold of the flask is arbitrary. 00:43:24.220 --> 00:43:29.040 GIAMMANCO, DANA L The tight stopper on top of the container prevents air 00:43:29.040 --> 00:43:32.090 from entering or leaving the flask. 00:43:32.090 --> 00:43:36.050 The space between the vacuum container and the outer casing 00:43:36.050 --> 00:43:40.900 may be packed with insulating material such as glass fibre cork 00:43:40.900 --> 00:43:45.440 or felt for additional insulation which reduces heat loss 00:43:45.440 --> 00:43:48.437 and cushions the flask against impact. 00:43:55.463 --> 00:43:57.687 GIAMMANCO, DANA L Vacuum insulated merchandise, 00:43:57.688 --> 00:44:00.350 classified and heading 9617. 00:44:00.350 --> 00:44:04.490 The first picture on the left is a stainless steel water bottle, 00:44:04.490 --> 00:44:10.610 New York ruling and 321985 was issued December 3rd, 2021. 00:44:10.610 --> 00:44:14.620 GIAMMANCO, DANA L The second picture is a plastic thermal gravy server. 00:44:14.620 --> 00:44:18.270 GIAMMANCO, DANA L Headquarters ruling 964889. 00:44:18.270 --> 00:44:22.870 GIAMMANCO, DANA L That was issued on March 18th, 2002. 00:44:22.870 --> 00:44:25.820 GIAMMANCO, DANA L The last picture on the right 00:44:25.820 --> 00:44:31.850 is a metal plated thermal carafe, New York ruling B 89741, 00:44:31.850 --> 00:44:36.110 which was issued on November 21st, 1997. 00:44:36.125 --> 00:44:38.995 All of the above articles are double walled construction. 00:44:38.995 --> 00:44:42.063 GIAMMANCO, DANA L With vacuum properties. 00:44:45.088 --> 00:44:49.375 GIAMMANCO, DANA L If you have any questions you can please e-mail me 00:44:49.375 --> 00:45:00.688 a dana.l.giamanco@cvp.dhs.gov walter.k.gardner@cbp.dhs.gov. 00:45:00.688 --> 00:45:02.010 Walter is my associate. 00:45:04.213 --> 00:45:07.440 GIAMMANCO, DANA L And this concludes our webinar and thank you for your time 00:45:07.440 --> 00:45:09.520 and attention and I will open up the chat box. 00:45:15.400 --> 00:45:17.830 WALIA, SANDRA S So, Dana, you did get a couple of questions earlier. 00:45:17.830 --> 00:45:22.280 One of them was when you were on slide 37, what is a partial vacuum? 00:45:22.280 --> 00:45:28.410 GIAMMANCO, DANA L Ohh I asked that the only the the laboratory cannot tell 00:45:28.410 --> 00:45:30.490 if it's a partial vacuum. 00:45:30.490 --> 00:45:33.130 They can only tell if it does have vacuum properties. 00:45:36.213 --> 00:45:38.010 WALIA, SANDRA S OK. 00:45:38.010 --> 00:45:39.230 WALIA, SANDRA S And then another question. 00:45:39.230 --> 00:45:42.820 When you were back on Slide 26 was what is vacuum properties? 00:45:45.338 --> 00:45:48.930 GIAMMANCO, DANA L OK, so vacuum properly vacuum properties, 00:45:48.930 --> 00:45:52.510 so that has a double wool and there needs to be a space. 00:45:52.510 --> 00:45:54.760 So the there is no air. 00:45:54.760 --> 00:45:56.730 That's what it it means that there is no air. 00:45:56.730 --> 00:45:59.150 WALIA, SANDRA S Back on 26. 00:45:59.150 --> 00:46:00.460 GIAMMANCO, DANA L If it has, if it doesn't have air, 00:46:00.460 --> 00:46:01.750 it has vacuum properties. 00:46:01.750 --> 00:46:04.970 If it does have air, there are no vacuum properties. 00:46:11.963 --> 00:46:12.890 GIAMMANCO, DANA L What a bottles under 30. 00:46:17.150 --> 00:46:19.850 GIAMMANCO, DANA L OK, for water bottles under 3924 00:46:19.850 --> 00:46:22.380 where the Liz classified if made from plastic is. 00:46:22.380 --> 00:46:28.330 Well if it's being imported with the the vessel, the plastic vessel, 00:46:28.330 --> 00:46:29.190 it's gonna be classified. 00:46:29.190 --> 00:46:32.510 GIAMMANCO, DANA L Under 3924 ten 4000. 00:46:38.775 --> 00:46:39.990 GIAMMANCO, DANA L You just say here. 00:46:58.195 --> 00:47:02.220 GIAMMANCO, DANA L OK, I I do not work with glass water bottles at all on. 00:47:02.220 --> 00:47:07.430 That is with the NIS, Elena Petrone, that's chapter 70. 00:47:12.525 --> 00:47:15.920 GIAMMANCO, DANA L Ohh can you go back to slide 40, OK. 00:47:24.400 --> 00:47:26.630 GIAMMANCO, DANA L I'm going to go back to slide 40. 00:47:26.630 --> 00:47:26.950 Let's see. 00:47:42.422 --> 00:47:44.410 GIAMMANCO, DANA L I believe this webinar will be posted 00:47:44.410 --> 00:47:45.680 so you can get the slides. 00:47:52.275 --> 00:47:55.050 GIAMMANCO, DANA L Right now, because there is a core case on Lids, 00:47:55.050 --> 00:47:57.100 I'm not addressing any questions on Lids. 00:47:58.213 --> 00:47:59.880 GIAMMANCO, DANA L Until the court case is resolved. 00:48:21.781 --> 00:48:26.370 GIAMMANCO, DANA L OK, please go back to plastic cups of 3924. 00:48:26.370 --> 00:48:26.910 Ten. 00:48:26.910 --> 00:48:28.760 Is it only for cups with saucers? 00:48:28.760 --> 00:48:34.330 Yes, that is an EO nominee provision only what is listed? 00:48:34.330 --> 00:48:40.610 GIAMMANCO, DANA L His classified there so that there's cups with saucers 00:48:40.610 --> 00:48:42.640 as long as the cup is being used. 00:48:42.640 --> 00:48:45.500 GIAMMANCO, DANA L With the source are or will be imported. 00:48:45.500 --> 00:48:48.630 It goes into 3924 ten 2000. 00:48:59.525 --> 00:49:02.570 GIAMMANCO, DANA L OK, let me go back to uh Sharon Tucker question. 00:49:02.570 --> 00:49:03.280 Let's see if I can. 00:49:26.775 --> 00:49:27.210 GIAMMANCO, DANA L OK. 00:49:27.210 --> 00:49:31.030 If it's, I guess if it's Umm I I'm looking here, can you go back 00:49:31.030 --> 00:49:35.130 to Sharon tax question, I cannot find her question but if the inner is plastic 00:49:35.130 --> 00:49:38.010 and the outer wall of steel, it'd be a composite good. 00:49:38.010 --> 00:49:41.776 The laboratory Amy, what is by percentage of breakdown 00:49:41.777 --> 00:49:43.420 by weight and by value. 00:49:43.420 --> 00:49:47.600 That's how you know it would be a considered it would be plastic 00:49:47.600 --> 00:49:52.810 or steel it would be the whole composite what what the whole vessel is made of. 00:49:55.838 --> 00:49:57.170 GIAMMANCO, DANA L OK, here is uh. 00:49:58.775 --> 00:50:00.290 GIAMMANCO, DANA L OK, here is slide 40. 00:50:11.025 --> 00:50:13.100 GIAMMANCO, DANA L Is there a question on site 40? 00:50:13.100 --> 00:50:13.898 Let's see. 00:50:25.463 --> 00:50:26.860 GIAMMANCO, DANA L Is there any question on side 40? 00:50:42.852 --> 00:50:44.420 GIAMMANCO, DANA L Uh for the ruling number I'm on. 00:50:44.420 --> 00:50:45.750 Uh. 00:50:45.750 --> 00:50:46.970 GIAMMANCO, DANA L So I 40 which is. 00:50:49.025 --> 00:50:50.870 GIAMMANCO, DANA L H3O3684. 00:50:50.870 --> 00:50:52.240 That's the headquarters ruling. 00:50:58.883 --> 00:51:00.780 GIAMMANCO, DANA L Who are are plastic cups? 00:51:00.780 --> 00:51:04.760 OK, it's ascribed the articles by the specific needs. 00:51:04.760 --> 00:51:09.900 OK, the only the items listed may be classified here under 3924. 00:51:09.900 --> 00:51:10.780 Ten, 2000. 00:51:10.780 --> 00:51:14.690 GIAMMANCO, DANA L Only a plastic drinking vessel designed to be used 00:51:14.690 --> 00:51:16.600 with a saucer is correctly classified in that. 00:51:35.266 --> 00:51:36.900 GIAMMANCO, DANA L Slide number 19, let's see. 00:51:46.125 --> 00:51:47.770 GIAMMANCO, DANA L Going to slide 19. 00:52:04.750 --> 00:52:07.910 GIAMMANCO, DANA L Oh, if if that were the bottle is being imported 00:52:07.910 --> 00:52:08.760 without the carrier. 00:52:10.188 --> 00:52:11.700 GIAMMANCO, DANA L Then I would still do. 00:52:13.275 --> 00:52:15.150 GIAMMANCO, DANA L That would be, uh, 3924. 00:52:15.150 --> 00:52:17.240 Ten 4000 without the carrier. 00:52:26.400 --> 00:52:27.300 WALIA, SANDRA S Been a while you're here. 00:52:27.300 --> 00:52:29.870 There was a question earlier on slide 12. 00:52:29.870 --> 00:52:31.710 What was the ruling number that you referenced for that one? 00:52:31.710 --> 00:52:32.760 GIAMMANCO, DANA L I'm sure. 00:52:32.760 --> 00:52:34.266 WALIA, SANDRA S It was on tumblers. 00:52:40.720 --> 00:52:42.530 GIAMMANCO, DANA L Uh, sure, that is H. 00:52:42.530 --> 00:52:44.130 GIAMMANCO, DANA L 111. 00:52:44.130 --> 00:52:47.900 GIAMMANCO, DANA L Nine to two that is dated February 3rd, 00:52:47.900 --> 00:52:52.510 2012 and that was for the definition of a Tumblr that was cited in the ruling. 00:53:02.258 --> 00:53:04.100 GIAMMANCO, DANA L Usually if there's water bottle 00:53:04.100 --> 00:53:07.500 with a just a wristlet strap, I would still. 00:53:07.500 --> 00:53:12.870 GIAMMANCO, DANA L That would still be classified in subheading 3924 ten 4000. 00:53:19.781 --> 00:53:21.040 GIAMMANCO, DANA L Are there any more questions? 00:53:28.242 --> 00:53:31.120 GIAMMANCO, DANA L For the for this shoulder strap, I would need to see it. 00:53:31.120 --> 00:53:33.540 I would need to have, uh, more information. 00:54:04.463 --> 00:54:05.040 GIAMMANCO, DANA L Thank you. 00:54:05.040 --> 00:54:05.380 Thank you. 00:54:07.275 --> 00:54:10.300 GIAMMANCO, DANA L I didn't want you guys to walk away with a headache 00:54:10.300 --> 00:54:11.500 if it was easy to follow. 00:54:11.500 --> 00:54:13.010 Thank you very much. 00:54:27.344 --> 00:54:29.780 GIAMMANCO, DANA L OK, if there isn't and not anymore questions 00:54:29.780 --> 00:54:34.000 or again you can e-mail me with any additional questions that you have. 00:54:34.000 --> 00:54:35.980 And thank you again for your time and attention.