GIAMMANCO, DANA L Good afternoon.
I'm Dana giamanco.
I'm the NIS assigned to tableware, kitchenware and other household articles
of plastics, ceramic and based metal.
In addition to heading 9617, which provides for vacuum flasks
and other vacuum vessels, complete parts thereof other than glass enters.
GIAMMANCO, DANA L Please hold.
Well, questions at the end of the presentation.
GIAMMANCO, DANA L If I cannot get to your question,
during this presentation, you can e-mail me at dana.l.giamanco@cbp.dhs.gov.
GIAMMANCO, DANA L Also, I apologize, I'm getting over a cough and cold.
GIAMMANCO, DANA L Here is our mission statement.
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GIAMMANCO, DANA L Here is our first disclaimer.
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GIAMMANCO, DANA L Please note the audio visual media is provided
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of any copyrighted materials contained in a presentation may require permission
from the original creator.
GIAMMANCO, DANA L Here is our web address for binding rulings.
GIAMMANCO, DANA L Headings 3924 articles of plastics and 7323 articles
of iron or steel.
GIAMMANCO, DANA L Are considered household articles.
GIAMMANCO, DANA L Or of a class or kind of goods
that may be used in or around the home, Oregon hotels, restaurants,
boarding houses, hospital canteens, barracks, et cetera.
GIAMMANCO, DANA L Are articles that are not more specifically provided
for elsewhere, and the harmonized tariff schedule.
GIAMMANCO, DANA L Beverage containers are considered tableware articles.
GIAMMANCO, DANA L Explanatory notes for heading 3924, tableware,
kitchenware, other household articles, and hygienic or toilet articles
of plastics.
GIAMMANCO, DANA L 3924 provides for tableware, kitchenware,
other household articles, and hygienic or toilet articles of plastics.
3924 ten provides for tableware and kitchenware.
GIAMMANCO, DANA L 3924 ninety is the other basket provision
as per the explanatory notes for heading 3924, the definition of tableware
and kitchenware of plastics covers the following articles of plastics.
GIAMMANCO, DANA L So this heading covers the following articles
of plastics, tableware such as tea or coffee servers, plates,
soup terrines, salad bowls, dishes and traceable kinds, coffee pots,
tea pots, sugar bowls, beer mugs, cups, sauce boats, fruit bowls, cruets,
salt Cellars, mustard pots, egg cups, tea pot stands, table mats.
GIAMMANCO, DANA L Knife rests,
serviette rings, knives, forks and spoons
and serviette rings are also known as napkin rings.
GIAMMANCO, DANA L Explanatory notes in section notes for Chapter 39,
Section 7, plastics and articles thereof, rubber and articles thereof.
GIAMMANCO, DANA L No two this Charter does not cover articles
of Charter 96, for example, brushes, buttons, slide, fasteners,
Combs, mouthpieces were stems for smoking pipes, cigarette holders,
or the like.
GIAMMANCO, DANA L Parts of vacuum flasks or the like,
pens propelling pencils and monopods pipe, bipods, tripods,
and similar articles.
GIAMMANCO, DANA L Section 7, chapter 39.
Plastics and articles thereof.
So beverage containers would be classified
in this subheading of 3924 ten 4000.
GIAMMANCO, DANA L Subheading 3924 Ten 4000
is a basket provision encompassing a large array of products
for the home restaurant or the commercial
or institutional institutional setting.
GIAMMANCO, DANA L Cops with saucers would be classified
in subheading 3924 ten 2000.
GIAMMANCO, DANA L Currently, items having a country of origin
of China that are classified in subheading 3924, ten,
4000 or not subject to section 301 trade remedy duties.
GIAMMANCO, DANA L That heading 3924 ten 2000 cups and sauces.
Only a plastic drinking vessel designed to be sold and used
with a saucer is correctly classified in subheading 3924 ten 2000
not all plastic drinking vessels are included in 3924.
Ten 2000 as we will see on the next slides.
GIAMMANCO, DANA L Here we have sippy cups, tumblers and drinking containers.
All of the plastic drinking vessels are correctly classified
in subheading 3924 ten 4000 plastic drinking containers
and tumblers are not classified as cups, and 3924 ten 2000
even if referenced on the invoice and marketed as cups.
GIAMMANCO, DANA L So what's a Tumblr?
GIAMMANCO, DANA L The definition of a Tumblr is
from the Oxford English Dictionary, is sided in headquarters ruling H 111922,
dated February 3rd, 2012.
Here we have plastic tumblers with straws on the left, a blue wine Tumblr
in the middle and a pink bathroom Tumblr.
GIAMMANCO, DANA L So a Tumblr must be a drinking cup,
has a tapering cylindrical or barrel shape.
GIAMMANCO, DANA L Does not have a handle or a foot
and has a heavy flat bottom.
GIAMMANCO, DANA L So as you can see, the 1st 2 pitches
of tumblers taper down to the base, whereas the pink bathroom Tumblr
is a straight side barrel shaped.
All of the tumblers are classified in subheading 3924, ten 4000,
and the foot is the circular base to a cup and is attached
to the stem of the cup.
GIAMMANCO, DANA L Here we have plastic Halloween light of tumblers.
These tumblers are sold directly to the consumer.
They are reusable and are for repetitive household use.
These items are drinking tumblers that are all made
of clear colored food grade plastic.
Each container contains light emitting diodes, LED's, and the base
that flash intermittently when activated by a push button
on the bottom surface of each Tumblr.
A replaceable battery powers the LED's.
GIAMMANCO, DANA L The LED shut off automatically approximately
one minute after activation.
GIAMMANCO, DANA L These items are considered to be composite goods
within the meaning of general rule of interpretation GRI 3.
GIAMMANCO, DANA L It was determined that the Templars function
as drinking vessels even when the LED's are not activated.
If the lights did not work at all, the receptacles can still be used
to drink a beverage out of.
GIAMMANCO, DANA L Therefore, the plastic tumblers provide these items
with the essential character within the meaning of Gerri 3B,
New York ruling and 176376 was issued on August 7th, 2011.
GIAMMANCO, DANA L On the left of tumblers
and on the right are drinking containers for toddlers.
The bottom picture, our bathroom tumblers.
GIAMMANCO, DANA L All the items are classified in subheading 3924 ten 4000.
GIAMMANCO, DANA L So the explanatory notes to 3924 tableware,
kitchenware, other household articles, and hygienic or toilet articles
of plastics, the heading also covers cups without handles for table
or toilet use.
Not having the character of containers for the packing or conveyance
of goods, whether or not sometimes used for such purposes.
GIAMMANCO, DANA L Headquarters ruling H 239752 dated August 13th,
2015 and New York ruling N 302962 dated March 8th, 2019.
Classified bathroom tumblers and subheading 3924 ten 4000.
GIAMMANCO, DANA L So the exclusion to 3924 are cups
without handles having the character of containers used for the packing
or conveyance of goods.
These are classified and heading 3923.
These are disposable containers of heading 3923
as per the explanatory notes for heading 3924,
these disposable containers are excluded from classification
and heading 9 heading 3924.
These disposable cups can be referred to as.
GIAMMANCO, DANA L To go or take out cups.
GIAMMANCO, DANA L Plastic water bottles are correctly classified
as tableware, and subheading 3924 ten 4000.
These plastic bottles may incorporate a drinking spout in the lid
or a plastic straw.
GIAMMANCO, DANA L If the water bottles are single or double insulated
with no vacuum properties, they remain in subheading 3924 ten 4000.
GIAMMANCO, DANA L The only time a plastic straw is classified
as a household article is when it is imported with a plastic water bottle,
as per DRI one chapter 39 note 8 plastic drinking straws and ported
by themselves are specifically provided for and heading 3917.
Heading 3917 provides for tubes, pipes and hoses and is handled by another NIS.
GIAMMANCO, DANA L If the bottle contains a mere loop
that can be used to carry it, or as a place to position a finger
when twisting off the cap, it is still classified in subheading 3924 ten 4000.
GIAMMANCO, DANA L Sorry, I had to take a sip of tea.
GIAMMANCO, DANA L This item is referred
to as the mist and Sip water bottle.
It is for drinking and misting oneself with water.
GIAMMANCO, DANA L The vessel has a volume capacity of 20 ounces
and is designed to contain water.
GIAMMANCO, DANA L The article consists of a body, A twist off lid,
a pull top drink spell, a straw, a cap cover, a trigger button,
and a finger loop holder.
The lid cap has a miss slot and a pull top drink spout.
To use the miss slot, the user presses the trigger button,
which releases a spray of water.
The plastic water bottle was sent to the customs Laboratory for analysis.
Analysis determined that the vessel was a double walled receptacle
with no vacuum properties.
GIAMMANCO, DANA L A double wall is referred to
as the inner wall of a vessel.
GIAMMANCO, DANA L For a receptacle to have vacuum properties,
the vessel has to be double walled and there needs to be a space
in between the two walls for the vacuum.
GIAMMANCO, DANA L Sometimes the space is actually actually a vacuum,
while other times the space is not a vacuum and is simply filled with air.
If it's simply filled with air, there are no vacuum properties.
GIAMMANCO, DANA L Plastic water bottles excluded
from subheading 3924 ten 4000.
GIAMMANCO, DANA L A plastic water bottle is considered a sports bottle
and is classifiable under heading 3926.
If the plastic bottle has a fitted carrier case or holder,
the bottle is designed for use primarily away from the home
and is excluded from heading 3924.
GIAMMANCO, DANA L Headquarters ruling 967178 dated August 24th, 2004.
Classified a water bottle holder with a nylon strap with a plastic water bottle
and subheading.
3926 Ninety 9880, which is currently now 3926 Ninety 9985, which provides
for other articles of plastics, other the bottle carrier resembles
a sheath holster.
GIAMMANCO, DANA L Or canteen cover.
It is primarily shaped to contain the bottle and is designed
to be worn on the person.
The carrier is specifically fitted for this bottle.
GIAMMANCO, DANA L Explanatory notes for heading 7323 articles made of iron
or steel for table use.
GIAMMANCO, DANA L Articles for table use consist of trays, dishes,
plates, soup or vegetable dishes, sauce terrains, sugar basins,
butter dishes, milk or cream jugs or derv dishes, coffee pots
and percolators, but not including domestic percolators provided
with the heat sauce.
Heat source, sorry heading, which is classified and heading 7321 teapots,
cups, mugs.
GIAMMANCO, DANA L Tumblers, egg cups, finger bowls, bread
or fruit dishes and baskets, teapot or simular stands, tea strainers,
cruets knife rests, wine, cooling buckets, etcetera.
Wine pouring cradles, serviette rings which are napkin rings
and tablecloth clips.
However, unlike the explanatory notes for heading 3924,
which includes classification of plastic forks, knives and spoons,
the explanatory notes.
GIAMMANCO, DANA L We're heading 7323 excludes cutlery, spoons,
fork ladles of headings 8211 to 8215, an addition household articles having
the character of tools or that have a metal cutting edge,
for example, a cheese graters can openers, bottle openers,
pepper or coffee mills are classified, and chapter 82.
GIAMMANCO, DANA L Beverage containers of heading 7323.
So just as a recap, beverage containers of heading 7323 is considered tableware,
tableware includes articles used on the table for the serving
and the eating of food.
So the section notes to section 15, which is base metals and articles
of base metal note one excludes handsets, buttons, pens, pencil holders,
pen nibs, monopods, bipods, tripods.
GIAMMANCO, DANA L And similar articles or other articles
of Chapter 96 which are miscellaneous manufactured articles
and Charter 96 miscellaneous manufacturer articles
include the vacuum flasks and vacuum vessels of heading 9617.
GIAMMANCO, DANA L So the explanatory notes for 7323 table kitchen
or other household articles and parts thereof of iron or steel,
the heading excludes by end handsets heading 9604 cigarette lighters
and other lighters heading 9613, vacuum flasks and other vacuum vessels
of heading 9617.
If you have a stainless steel vessel with partial or vacuum properties,
it is not classified and heading 7323.
GIAMMANCO, DANA L It is classified in subheading 9617
as a vacuum flask and other vacuum vessels of heading 9617,
as per headquarters ruling, H3O3684 dated July 7th, 2021,
which we will discuss later on.
GIAMMANCO, DANA L Section 15, Chapter 73, articles of iron, steel,
stainless steel beverage containers are classified in subheading seventy,
320-393-0080, stainless steel beverage containers
from China that are classified
in subheading seventy, 320-393-0080 are not subject
to section 301 trade remedy duties.
GIAMMANCO, DANA L So what gets classified in subheading seventy,
320-393-0080, New York, ruling N 321134, issued December 3rd, 2021,
classified a stainless steel drinking Tumblr in subheading seventy,
320-393-0080.
Here we have a drinking Tumblr designed to carry beverages.
The Tumblr was described in the ruling request
as a double walled stemless steel cup.
GIAMMANCO, DANA L The plastic lid.
GIAMMANCO, DANA L The importer was request was requesting
for the drinking vessel to be classified in subheading 9617,
OH, 1000 of the Harmonized Tariff schedule of the United States,
which provides for vacuum flasks and other vacuum vessels,
complete with cases, parts thereof, other than glass enters vessels
having a capacity not exceeding one liter.
GIAMMANCO, DANA L The cop went to the customs lab for analysis.
Laboratory analysis confirmed that the sample was a double walled receptacle
and had no vacuum properties.
Stainless steel beverage containers that are made of single
or double walled construction containing no vacuum properties are classified
in subheading seventy, 320-393-0080.
GIAMMANCO, DANA L On the left we have a stainless steel bathroom Tumblr.
GIAMMANCO, DANA L New York ruling and 2546 ninety issued July 21st,
2014 and on the right we have stainless steel water bottle,
New York ruling and 299732.
GIAMMANCO, DANA L Issued August 29th, 2018.
GIAMMANCO, DANA L So the water bottle on the right has a screw on lid.
The lid has a small carry handle and a pop up spout attached
to the inside of the straw.
The vessel is a single wall construction
and does not have any vacuum properties.
GIAMMANCO, DANA L So it was classified
in subheading seventy, 320-393-0080.
GIAMMANCO, DANA L Here we have a stainless steel water bottle.
It is made of single wall construction with no vacuum properties.
New York ruling N 2700 ninety issued November 17th 2015 classified this item
in seventy 320-393-0080.
GIAMMANCO, DANA L What is not classified in subheading seventy,
320-393-0080.
Here we have a Halloween mini flask.
The flask is made of stainless steel and is made of a single wall construction.
The flask is designed to hold liquor and is intended
to be used at Halloween parties.
The flask is not considered table where articles for household use.
The flask was classified in subheading 7326 ninety 3500.
GIAMMANCO, DANA L Which provides for articles of iron or steel,
other other containers of a kind normally carried on the person
in the pocket or in the handbag containers of a kind normally carried
on the person in the pocket or in the handbag, is not considered table,
where articles for household use and heading 7323.
GIAMMANCO, DANA L New York, ruling N 316336, was issued
on December 18th, 2020.
GIAMMANCO, DANA L What is also not classified in subheading seventy,
320-393-0080, here we have stainless steel beverage containers made
of double wolf construction either having partial or vacuum properties.
The correct classification is heading 96 seventeen, 00 vacuum flasks
and other vacuum vessels.
Complete parts thereof other than glass enters vessels.
GIAMMANCO, DANA L Had quarters ruling H3O3684 issue July 7th, 2021.
GIAMMANCO, DANA L Headquarters Rolling Age 303684
involved the revocation of four New York rulings and 297758.
GIAMMANCO, DANA L And 297169 N 254461.
GIAMMANCO, DANA L And 264760 classification
of insulated stainless steel beverage containers.
So the background of the containers that issue and all four of these rulings.
GIAMMANCO, DANA L All feature an insulating double wall construction
with a partial vacuum in between the two walls.
However, the bottles lacked an additional outer casing beyond
the second stainless steel wall.
GIAMMANCO, DANA L Initially, CBP determined that the lack
of an outer protective casing on the beverage containers
at issue precluded the classification and heading 9617.
GIAMMANCO, DANA L The beverage containers were classified
in heading 7323.
GIAMMANCO, DANA L Headquarters reviewed the four rulings
and determined that the insulated
stainless steel beverage containers comprised
of double walled construction with vacuum properties that lacked
an outer protective casing should not be classified as table,
kitchen or other household articles of steel and heading 7323.
GIAMMANCO, DANA L No one M to section 15.
GIAMMANCO, DANA L I apologize.
Note one end to section 15 excludes products
of Chapter 96 from classification
in Charters 72 through 83 as the instant merchandise
is prime aphasia classifiable and heading 9617, it cannot be classified
and heading 7323 pursuant to GRE's one in six.
The stainless steel containers at issue are classified in heading 9617.
GIAMMANCO, DANA L Specifically subheading ninety 617-0010,
which provides for vacuum flasks and other vacuum vessels,
complete with cases, parts thereof other than glass enters vessels having
of capacity not exceeding one leader.
The 2021 column one general rate of duty is 7.2 adva Laurium.
We'll discuss this ruling later in detail.
Just to recap, double wall is referred to as the inner wall of a vessel.
GIAMMANCO, DANA L 9617 vacuum flasks and other vacuum vessels,
complete with cases, parts thereof other than glass enters.
GIAMMANCO, DANA L So now we know that in order to classify a vacuum flask
or vacuum vessel and heading 9617, it must be made
of double wall construction, contain partial or vacuum properties.
So now we know that in order to classify a vacuum flask or vacuum vessel,
it must meet two requirements.
The heading for 9617 which states parts thereof other than glass enters,
refers to glass enters that are classified.
GIAMMANCO, DANA L And heading 7020.
GIAMMANCO, DANA L By the way, when we speak a vacuum, it means the absence
of air and a beverage container with a double wolf construction inside of it.
The air between the two walls is sucked out during construction,
thereby creating a vacuum instead of containing some kind of heating element
to keep hot things hot.
It is designed to keep hot things hot by not allowing heat to escape.
GIAMMANCO, DANA L He can be transferred through the air.
GIAMMANCO, DANA L To keep heat from escaping, you need insulation
and the best insulator possible is a vacuum, because there is no air.
If there is no air to transfer heat, then the heat is retained where it is
and where you want it, which is either your beverage or in your food.
Also the same vacuum that keeps hot things hot keeps cold.
Things cold, cold contents and the container are prevented from reaching it
because of the vacuum between the double wall construction.
GIAMMANCO, DANA L Explanatory notes 9617.
Vacuum flasks and other vacuum vessels.
Complete parts thereof.
Other than glass enters.
GIAMMANCO, DANA L So this heading covers vacuum flasks
and other similar vacuum vessels, provided they are complete.
This group includes vacuum jars, jugs, crafts, etcetera designed
to keep liquids, food or other products at fairly constant temperature
for reasonable periods of time.
These articles usually consist of a double walled receptacle,
which is the inner generally of glass with a vacuum created between the walls.
GIAMMANCO, DANA L And a protective adder casing of metal,
plastics or other material, sometimes covered with paper, leather, leather,
cloth, etcetera.
GIAMMANCO, DANA L The space between the vacuum container
and the outer casing may be packed with insulating material,
glass fibre cork or felt.
The heading also includes.
GIAMMANCO, DANA L Double walled stainless steel vacuum insulated
thermal flask without a protective outer case
which perform temperature retention.
GIAMMANCO, DANA L And the case of vacuum flasks, the lid can often be used
as a cop.
GIAMMANCO, DANA L Two other cases, lids and cups of metal, plastics,
et cetera for vacuum flasks or other vacuum vessels,
the heading does not cover separate glass enters, which are classified
and heading 7020.
GIAMMANCO, DANA L The explanatory notes
to heading 9617 were revised in 2017
to explicitly clarify that the heading also includes double walled
stainless steel vacuum insulated thermal flasks without a protective outer case,
which perform temperature retention.
GIAMMANCO, DANA L Currently there is a core case on adder cases,
lids and cups and subheading 9617 zero Zero 6000 O.
We are unable to issue any rulings as long as the Court case continues.
GIAMMANCO, DANA L So how does CBP determine
if the article contains vacuum profit properties?
GIAMMANCO, DANA L By our customs laboratory,
the submitted sample gets sent directly to our laboratory for analysis.
GIAMMANCO, DANA L The sample is destroyed during analysis.
If I request a sample from the importer, I will tell the importer
that their sample will be destroyed during analysis and will not be returned
to them.
The laboratory can only determine if the receptacle consists of a single
or double walled construction.
The CBP laboratory test to see if the vessel contains vacuum properties.
GIAMMANCO, DANA L If the vessel contains an outer casing,
the laboratory can determine what type of material
the protective outer casing is.
The protective outer casing can be made of metal, plastics, or other materials.
The lab can determine the type of material the vessel is made of.
For example, the type of metal or plastic.
GIAMMANCO, DANA L The vessel must be made
of double wolf construction to have vacuum properties.
There must be a space in between the two walls for the vacuum.
Additionally, there could be a third wall to enclose around the double wall.
For example, if the two walls are glass and have a vacuum between them,
there could be an additional wool externally
to provide further protection.
GIAMMANCO, DANA L The laboratory does not often see glass vacuum vessels,
the vacuum vessels that the lab analyze are primarily stainless steel
for stainless steel vessels.
The vacuum is between the outer and inner steel walls.
There are no glass inners.
The outer wall of the vacuum vessel also serves as the casing.
GIAMMANCO, DANA L The reason why the laboratory
does not often see glass vacuum vessels is that
currently stainless steel vacuum vessels are in high consumer demand
and have dominated the marketplace.
GIAMMANCO, DANA L Section 20, chapter 96.
Miscellaneous manufactured articles.
GIAMMANCO, DANA L Merchandise having a country of origin of China,
classified under subheading 9617 Zero Zero 4000, are subject
to Section 301 trade remedy duties.
In subheading 9903, eighty 815 seven point 5% additional duties.
GIAMMANCO, DANA L So let's go back to headquarters ruling H3O3684
dated July 7th, 2021 for the revocation of New York rulings 297758.
GIAMMANCO, DANA L 297169.
GIAMMANCO, DANA L 254461.
GIAMMANCO, DANA L And 2647 sixty, which was for the classification
of insulated stainless steel beverage containers.
GIAMMANCO, DANA L So all of the insulated beverage containers
they are designed to carry hotter cold beverages.
GIAMMANCO, DANA L They are made of double walled stainless steel
with a partial vacuum between the walls to serve
as a barrier preventing heat transfer.
GIAMMANCO, DANA L Contain plastic lids designed to seal the containers
and keep liquids from spilling.
GIAMMANCO, DANA L They do not contain any protective outer casing
around the double walled construction and are classified and heading 7323.
GIAMMANCO, DANA L So the containers at issue
in the four New York rulings feature and insulating double walled construction
with a partial vacuum in between the two walls.
However, the bottles lacked an additional outer casing
beyond the second stainless steel wall.
Initially, CBP determined that the lack of an outer protective casing
on the beverage containers at issue precluded their classification
and heading 9617.
GIAMMANCO, DANA L Headquarters ruling each 303684 stated
that heading 9617 provides for vacuum flasks and other vacuum vessels,
complete with cases, emphasis added.
Heading 9617 does not specify what is meant by complete with cases.
GIAMMANCO, DANA L The explanatory note to heading 9617 clarify
that these articles consist of a double walled receptacle.
The inner generally of glass with a vacuum created between the walls
and a protective outer casing of metal, plastics, or other material.
The explanatory notes does not clearly state that the outer casing cannot
be the same as the outer wall.
GIAMMANCO, DANA L Headquarters do not believe this position was supported
by the legal text or the explanatory notes to heading 9617.
GIAMMANCO, DANA L Neither heading 9617 nor the explanatory notes
to heading 996, seventeen clearly states that the outer casing cannot
be the same as the outer wall and addition.
The explanatory notes to heading 9617 was revised
in 2017 to explicitly clarify
that the heading also includes a double walled stainless steel vacuum insulated
thermal flasks without a protective.
GIAMMANCO, DANA L Outer case which performs temperature retention.
So to break this down, let's visualize three layers.
The first layer is the inner wall and the second layer is the outer wall.
If the beverage container contains an outer casing, that is the third layer.
GIAMMANCO, DANA L So if the beverage containers have an inner
and outer wall which is a double walled, and our vacuum insulated,
an additional outer casing is not required to be classified in 9617,
it's still meets the terms of the heading.
GIAMMANCO, DANA L Therefore, headquarters found the scope
of heading 9617 is not limited to containers having
a double walled vacuum construction and an additional outer casing.
All of the instinct containers have a double walled construction
that performs temperature retention.
Therefore, the products meet the terms of heading 9617,
whether they have an additional outer casing or not.
GIAMMANCO, DANA L Headquarters indicated that the legal tax provides
for vacuum flasks and other vacuum vessels, complete
with cases the instant containers are clearly vacuum flasks within the meaning
of the tariff, featuring vacuum insulated between the inner
and outer shell of the container.
They also have a hard, durable, and protective outer shell of steel,
which is consistent with the meaning of the term case.
There is no requirement in the legal text.
GIAMMANCO, DANA L That a case must be separate distinct unintegrated covering
and not a protective outer shell or covering headquarters,
found the legal text, supports the classification
of the instant merchandise and heading 9617.
GIAMMANCO, DANA L In addition, note 1M to section 15 excludes products
of Chapter 96 from classification and charters 72 through 83
as the instant merchandise is Prima Facia classifiable, and heading 9617,
it cannot be classified and heading 7323.
GIAMMANCO, DANA L The beverage containers
that issue in New York rulings
and 297758 and 297169 N 254461 and N 2647.
Sixty are therefore classified and heading 9617.
GIAMMANCO, DANA L Subheading, ninety 617-0010.
GIAMMANCO, DANA L The stainless steel containers are classified
and heading 9617, specifically subheading ninety 617-0010
which provides for vacuum flasks
and other vacuum vessels complete with cases,
parts thereof other than glass inners vessels having a capacity
not exceeding one liter.
GIAMMANCO, DANA L The 2021 column one general rate of duty is 7.2 at VALORUM.
GIAMMANCO, DANA L And the 2022 column one general rate
of duty is still 7.2 add valorem.
GIAMMANCO, DANA L So here is a little history.
GIAMMANCO, DANA L Sir James Dewar's, creator of the Doer Flask honor,
about 1892.
GIAMMANCO, DANA L Scottish chemist and physicist,
whose research with materials at low temperature led him
to devise the doer vacuum insulated double wall Flask and 1892.
GIAMMANCO, DANA L The first insulated bottle was a container
for liquid oxygen.
GIAMMANCO, DANA L It was designed by the Scottish.
GIAMMANCO, DANA L Scientists Sir James Dewar in 1892,
Dewer used his flasks only for keeping laboratory chemicals cold.
GIAMMANCO, DANA L It was a vessel having double walls, the space between
being evacuated and the surfaces facing the vacuum being heat reflective.
GIAMMANCO, DANA L His original flask were made of class with a coating
of mirror silver.
This type is still used today in the laboratory.
GIAMMANCO, DANA L Do or created his insulated bottle
by sealing one bottle inside another and pumping out the air between them.
This created a vacuum which is an effective insulator.
GIAMMANCO, DANA L To do or flask is commonly known today
as a thermos bottle.
Sir James Dewar never patented his invention.
However, he didn't fact patent part of his idea, removing air
from a vessel to make a vacuum, but not enough
to protect the entire invention of the vacuum flask.
As you can see on the diagram of the right, the flask
with thermos bottle contains an inner bottle and an arrow bottle
and has vacuum properties.
GIAMMANCO, DANA L There is a vacuum which is the space
between the inner bottle and the outer bottle.
GIAMMANCO, DANA L Here is a diagram of an insulated vacuum flask.
GIAMMANCO, DANA L The hot or cold beverage is inside.
GIAMMANCO, DANA L It has an inner wall and an outer wall.
There is vacuum insulation between the two walls.
GIAMMANCO, DANA L The vacuum insulated layer between the double walls
of stainless steel stops the heat and air transfer from inside
to outside or outside to inside the same vacuum
that keeps hot things hot keeps cold things cold.
GIAMMANCO, DANA L Heat that might otherwise transfer to the cold contents
of the vessel is prevented from reaching it
because of the vacuum between the walls of the flask.
GIAMMANCO, DANA L In other words, the vacuum
between the walls is a barrier to heat loss or gain.
GIAMMANCO, DANA L The outer case can be of plastic or stainless steel.
GIAMMANCO, DANA L Also in vacuum flasks,
the lid can often be used as a cop.
GIAMMANCO, DANA L This flask appears to have an outer casing.
We see the inner wall and the outer wall
and a dark shaded outline around the flask.
GIAMMANCO, DANA L Also, the total numbers of hours for the warmth
and cold of the flask is arbitrary.
GIAMMANCO, DANA L The tight stopper on top of the container prevents air
from entering or leaving the flask.
The space between the vacuum container and the outer casing
may be packed with insulating material such as glass fibre cork
or felt for additional insulation which reduces heat loss
and cushions the flask against impact.
GIAMMANCO, DANA L Vacuum insulated merchandise,
classified and heading 9617.
The first picture on the left is a stainless steel water bottle,
New York ruling and 321985 was issued December 3rd, 2021.
GIAMMANCO, DANA L The second picture is a plastic thermal gravy server.
GIAMMANCO, DANA L Headquarters ruling 964889.
GIAMMANCO, DANA L That was issued on March 18th, 2002.
GIAMMANCO, DANA L The last picture on the right
is a metal plated thermal carafe, New York ruling B 89741,
which was issued on November 21st, 1997.
All of the above articles are double walled construction.
GIAMMANCO, DANA L With vacuum properties.
GIAMMANCO, DANA L If you have any questions you can please e-mail me
a dana.l.giamanco@cvp.dhs.gov walter.k.gardner@cbp.dhs.gov.
Walter is my associate.
GIAMMANCO, DANA L And this concludes our webinar and thank you for your time
and attention and I will open up the chat box.
WALIA, SANDRA S So, Dana, you did get a couple of questions earlier.
One of them was when you were on slide 37, what is a partial vacuum?
GIAMMANCO, DANA L Ohh I asked that the only the the laboratory cannot tell
if it's a partial vacuum.
They can only tell if it does have vacuum properties.
WALIA, SANDRA S OK.
WALIA, SANDRA S And then another question.
When you were back on Slide 26 was what is vacuum properties?
GIAMMANCO, DANA L OK, so vacuum properly vacuum properties,
so that has a double wool and there needs to be a space.
So the there is no air.
That's what it it means that there is no air.
WALIA, SANDRA S Back on 26.
GIAMMANCO, DANA L If it has, if it doesn't have air,
it has vacuum properties.
If it does have air, there are no vacuum properties.
GIAMMANCO, DANA L What a bottles under 30.
GIAMMANCO, DANA L OK, for water bottles under 3924
where the Liz classified if made from plastic is.
Well if it's being imported with the the vessel, the plastic vessel,
it's gonna be classified.
GIAMMANCO, DANA L Under 3924 ten 4000.
GIAMMANCO, DANA L You just say here.
GIAMMANCO, DANA L OK, I I do not work with glass water bottles at all on.
That is with the NIS, Elena Petrone, that's chapter 70.
GIAMMANCO, DANA L Ohh can you go back to slide 40, OK.
GIAMMANCO, DANA L I'm going to go back to slide 40.
Let's see.
GIAMMANCO, DANA L I believe this webinar will be posted
so you can get the slides.
GIAMMANCO, DANA L Right now, because there is a core case on Lids,
I'm not addressing any questions on Lids.
GIAMMANCO, DANA L Until the court case is resolved.
GIAMMANCO, DANA L OK, please go back to plastic cups of 3924.
Ten.
Is it only for cups with saucers?
Yes, that is an EO nominee provision only what is listed?
GIAMMANCO, DANA L His classified there so that there's cups with saucers
as long as the cup is being used.
GIAMMANCO, DANA L With the source are or will be imported.
It goes into 3924 ten 2000.
GIAMMANCO, DANA L OK, let me go back to uh Sharon Tucker question.
Let's see if I can.
GIAMMANCO, DANA L OK.
If it's, I guess if it's Umm I I'm looking here, can you go back
to Sharon tax question, I cannot find her question but if the inner is plastic
and the outer wall of steel, it'd be a composite good.
The laboratory Amy, what is by percentage of breakdown
by weight and by value.
That's how you know it would be a considered it would be plastic
or steel it would be the whole composite what what the whole vessel is made of.
GIAMMANCO, DANA L OK, here is uh.
GIAMMANCO, DANA L OK, here is slide 40.
GIAMMANCO, DANA L Is there a question on site 40?
Let's see.
GIAMMANCO, DANA L Is there any question on side 40?
GIAMMANCO, DANA L Uh for the ruling number I'm on.
Uh.
GIAMMANCO, DANA L So I 40 which is.
GIAMMANCO, DANA L H3O3684.
That's the headquarters ruling.
GIAMMANCO, DANA L Who are are plastic cups?
OK, it's ascribed the articles by the specific needs.
OK, the only the items listed may be classified here under 3924.
Ten, 2000.
GIAMMANCO, DANA L Only a plastic drinking vessel designed to be used
with a saucer is correctly classified in that.
GIAMMANCO, DANA L Slide number 19, let's see.
GIAMMANCO, DANA L Going to slide 19.
GIAMMANCO, DANA L Oh, if if that were the bottle is being imported
without the carrier.
GIAMMANCO, DANA L Then I would still do.
GIAMMANCO, DANA L That would be, uh, 3924.
Ten 4000 without the carrier.
WALIA, SANDRA S Been a while you're here.
There was a question earlier on slide 12.
What was the ruling number that you referenced for that one?
GIAMMANCO, DANA L I'm sure.
WALIA, SANDRA S It was on tumblers.
GIAMMANCO, DANA L Uh, sure, that is H.
GIAMMANCO, DANA L 111.
GIAMMANCO, DANA L Nine to two that is dated February 3rd,
2012 and that was for the definition of a Tumblr that was cited in the ruling.
GIAMMANCO, DANA L Usually if there's water bottle
with a just a wristlet strap, I would still.
GIAMMANCO, DANA L That would still be classified in subheading 3924 ten 4000.
GIAMMANCO, DANA L Are there any more questions?
GIAMMANCO, DANA L For the for this shoulder strap, I would need to see it.
I would need to have, uh, more information.
GIAMMANCO, DANA L Thank you.
Thank you.
GIAMMANCO, DANA L I didn't want you guys to walk away with a headache
if it was easy to follow.
Thank you very much.
GIAMMANCO, DANA L OK, if there isn't and not anymore questions
or again you can e-mail me with any additional questions that you have.
And thank you again for your time and attention.