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Classification Changes Proposed for Vests, Craft Kits, Air Fresheners

Wednesday, January 04, 2012
Sandler, Travis & Rosenberg Trade Report

In the Dec. 28, 2011, Customs Bulletin and Decisions, U.S. Customs and Border Protection proposed to revoke or modify the following classification rulings. Comments are due by Jan. 27.

Product: Men’s sleeveless vest composed of three layers of bonded fabric.
Proposed action: Revocation of NY N084077.
Current classification: HTSUS 6110.30.3030, men’s or boys’ vests (32% duty).
Proposed classification: HTSUS 6211.33.0054, other manmade fiber vests (16% duty).
Explanation: Classification is based on the outer layer of fabric because there are no other parts or accessories that materially contribute to the vests’ character or usefulness to an extent to impart the essential character over the outer layer of fabric. The outer layer of fabric is
an artificial woven fabric with a composition that is 92% polyester and 8% spandex. A textile garment that is a men’s vest with an outer layer of woven fabric is classifiable in Chapter 62 as an article of apparel not knitted or crocheted.

Product: Toy craft kit consisting of a stud tool, a plastic workstation, metal studs, plastic rhinestones, chalk, cardboard stencil pattern cards, and a sheet of instructions packaged inside an illustrated cardboard box. These articles are used to decorate t-shirts.
Proposed action: Revocation of NY K87306.
Current classification: HTSUS 9503.70.0000, other toys put up in sets or outfits and parts and accessories thereof (duty free).
Proposed classification: HTSUS 8479.89.98, other machines and mechanical appliances (2.5% duty).
Explanation: The physical characteristics and actual use of the stud-setting tool are as a tool with a primary purpose to decorate articles of clothing with rhinestones. The ultimate purchaser expects to use the tool to that end with a degree of skill, care and patience that is more typically exemplified in older children and involves activity that is not necessarily amusing. The item is marketed as part of a craft set for older children to decorate their clothing.

Product: Air fresheners.
Proposed action: Revocation of NY K89535 and modification of NY J88743, NY L82296, NY L83477 and NY L85641.
Current classification: HTSUS 9503.49.0000, toys representing animals or non-human creatures (duty-free); 9503.41.0000, stuffed toys (duty-free); 3926.40.0000, other articles of plastics, statuettes and other ornamental articles (5.3% duty); and 9502.10.0060, dolls representing only human beings (duty-free).
Proposed classification: HTSUS 3307.49.0000, preparations for perfuming or deodorizing rooms (6% duty).
Explanation: Articles, such as the air freshener at issue here, that are infused with scented oils and principally used to perfume or deodorize a room and are packaged for retail sale are, pursuant to Note 3 to Chapter 33, prima facie classifiable under heading 3307.

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