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Classification Ruling Revocations and Modifications on Footwear, Fabric, Tires, Etc.

Friday, March 11, 2016
Sandler, Travis & Rosenberg Trade Report

The following proposed or final revocations and modifications of U.S. Customs and Border Protection classification rulings are included in the March 9, 2016, Customs Bulletin and Decisions. Comments on the proposed revocations and modifications are due no later than April 8 and the final revocations and modifications will be effective for goods entered or withdrawn from warehouse for consumption on or after May 9.

Footwear. CBP is proposing to reclassify an item consisting of several articles of footwear and related accessories for the practice of yoga and other exercise activities as slip-on footwear with open toes or heels under HTSUS 6404.19.39 (37.5 percent duty) rather than classifying each component separately. Reversing its original finding, CBP states that this item qualifies as a good put up in a set for retail sale pursuant to GRI 3(b) because its individual components are put up together for use in a single purpose or activity. However, CBP was unable to distinguish which of two components conveyed the set’s essential character and therefore classified the item pursuant to GRI 3(c) under the heading that occurs last in numerical order among those that equally merit consideration. Ruling NY N239002 would be revoked to reflect this change.

Antenna Shields. CBP is proposing to reclassify antenna shields used in drilling as parts of other geophysical instruments and appliances under HTSUS 9015.90.0060 (duty-free) rather than as other geophysical instruments or appliances under HTSUS 9015.80.8040 (duty-free). CBP explains that the antenna shields are identifiable as parts because they are necessary for the geophysical measuring equipment to operate as intended. They are also integrated with the equipment and considered an essential component. Ruling HQ H164415 would be modified to reflect this change.

Woven Fabric. CBP is proposing to modify ruling HQ H063618 classifying a polyethertherketone woven fabric used in sound filtration applications as other woven fabrics of manmade fibers under HTSUS 5806.32.20 (6.2 percent duty) to correct a misstatement of the Explanatory Notes to HS 5911. CBP states that whereas the ruling noted that this fabric is not a square shape, the ENs to HS 5911 reference the shape of the cloth’s meshes rather than the shape of the cloth itself.

Brominated Polystyrene. CBP is reclassifying Saytex HP 7010, also known as brominated polystyrene, as other polymers of styrene in primary forms under HTSUS 3903.90.50 (6.5 percent duty) rather than as other chemical products under HTSUS 3824.90. This product is a flame retardant polymeric additive indicated for use in engineering plastic applications. CBP explains that this product is a chemically modified polymer and that such items are classified according to their constituent polymeric material, polystyrene. Ruling HQ H257795 will revoke NY N074315 to reflect this change.

Patient Lifting Devices. CBP is correcting its April 8, 2015, notice of intent to modify and revoke various rulings to reclassify patient lifting devices as other lifting, handling, loading or unloading machinery under HTSUS 8428.90.0290 (duty-free) rather than as medical furniture in HTSUS 9402.90.0020 (5.3 percent duty) or other types of lifting machinery under HTSUS 8428.90.0190 (duty-free). CBP explains that the original notice contained typographical and typesetting errors in the names of the rulings and various dates. As a result, CBP is advising its intention to modify rulings NY 868691, NY 871935, NY B87708, NY C81648 and NY D83377 and revoke ruling NY N092699. In addition, proposed ruling HQ H235507 making these changes is substantially revised from the original notice.

Tires. CBP is reclassifying off-the-road tires suitable for large dump trucks under the following HTSUS subheadings depending on their tread pattern and the size of the rims on which they are installed: 4011.62.00 or 4011.63.00 (duty-free), 4011.93.4000 or 4011.93.8000 (4 percent duty), or 4011.94.4000 or 4011.94.8000 (3.4 percent duty). Ruling HQ H192148 will modify rulings HQ 958100 and HQ 959730 and revoke ruling HQ 966360 to reflect this change.

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