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Classification Rulings on Dress-Up Items, Plant Material, Furniture, Bags

Thursday, January 12, 2012
Sandler, Travis & Rosenberg Trade Report

In the Jan. 4, 2012, Customs Bulletin and Decisions, U.S. Customs and Border Protection proposed to revoke or modify the following classification rulings. Comments are due by Feb. 3.

Product: Children’s dress up vests composed of 100% nonwoven polypropylene fabric.
Proposed action: Revocation of NY N097116.
Current classification: HTSUS 6217.10.9530, other made up clothing accessories of manmade fibers (14.6% duty).
Proposed classification: HTSUS 9505.90.6000, other entertainment articles (duty-free).
Explanation: Work safety vests in general have styling and construction features that are considered well-made, such as a front opening with a substantial Velcro or zippered closure, high visibility fabric, strips of highly reflective material sewn onto the vests, etc. In comparison, the
children’s dress up vests are of a flimsy and non-durable construction.

Product: “CoCo Peat,” a product comprised of used coconut shell coir pith, which has been widely recognized as a superior growing medium for tomatoes, roses and other crops.
Proposed action: Modification of NY N054636.
Current determination: Item is a product of Sri Lanka for country of origin and marking purposes.
Proposed classification: Item is a NAFTA originating good, is eligible for the special “CA” duty rate and qualifies to be marked as a product of Canada under the NAFTA marking rules.
Explanation: The original purpose of the coir pith when it is imported from Sri Lanka to Canada is for growing hydroponic vegetables. Over the course of one growing season the coir pith deteriorates to the point that poor performance would be expected if it were used for a second season. The used coir pith is collected from growers in Canada, cleaned and filtered, then further broken down into finer sized granules that are used as an ingredient in potting soil. The used coir pith thus constitutes used goods collected within the territory of a NAFTA party.

Product: Wing Reflector with lamp holder, a rectangular sheet of highly polished lightweight aluminum with a series of bends forming a half cylinder shaped reflector that incorporates a lamp holder. A steel hanging plate with sturdy hangers allows the product to be suspended from the ceiling of commercial greenhouses.
Proposed action: Modification of NY N032539.
Current classification: HTSUS 9405.10.8020, other electric ceiling or wall lighting fittings (3.9% duty).
Proposed classification: HTSUS 9405.10.6020, HTSUS, electric ceiling or wall lighting fittings of base metal (7.6% duty).
Explanation: The subject article is composed of aluminum and steel, both of which are base metals.

Product: Polystyrene rectangular plastic drawer units imported in different height sizes.
Proposed action: Revocation of NY N042968.
Current classification: HTSUS 3924.90.5600, other household articles of plastics (3.4% duty).
Proposed classification: HTSUS 9403.70.80, HTSUS, other furniture of plastics (duty-free).
Explanation: Although the individual drawer units are imported and presented separately, they are designed to be used as a free standing drawer system, with each drawer interlocking with and standing on the one below. Thus, while only the bottom drawer will be placed on the ground, the interlocked drawers constitute a single, movable unit designed for placing on the floor or ground that has the utilitarian purpose of storing clothing and other personal items. The drawer set is also of a class or kind with those articles enumerated in EN 94.03 that are designed for a similar purpose, such as chests of drawers and dressers. Note 2 to Chapter 94 further states that cupboards, bookcases and other shelved or unit furniture remains in that chapter even if designed to stand one on the other.

Also in the Jan. 4, 2012, Customs Bulletin and Decisions, CBP modified the following classification ruling, effective March 5.

Product: Travel bag designed to provide storage, protection, organization and portability to medical equipment, accessories and personal effects.
Action: Modification of NY M87216.
New ruling: HQ H035447.
New classification: HTSUS 4202.92.90, specialty cases (17.6% duty); cases are not eligible for duty-free treatment under HTSUS 9817.00.96 because they are not designed exclusively for the use of handicapped persons.

Finally, CBP is withdrawing its intent to modify HQ 967159 and revoke NY L83104 concerning the classification of components of overhead light systems used in surgical suites. CBP notes that the classification of a substantially similar surgical lamp system was addressed in a 2010 ruling by the Court of International Trade.

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