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Classification Changes for 3D Drawing Pen, Garments with Overlays, Women’s Shirts

Tuesday, November 12, 2019
Sandler, Travis & Rosenberg Trade Report

The following proposed and final revocations and modifications of U.S. Customs and Border Protection rulings are included in the Nov. 6, 2019, Customs Bulletin and Decisions. Comments on the proposed changes are due by Dec. 6 and the final changes will be effective with respect to goods entered or withdrawn from warehouse for consumption on or after Jan. 6, 2020.

For more information on how to seek or utilize classification or other rulings, please contact customs attorney Deb Stern at (305) 894-1007.

3D Drawing Pen

CBP is reclassifying an electrically powered 3D drawing pen packaged with plastic monofilaments and other items as other machinery for working plastics under HTSUS 8477.80.00 (3.1 percent duty) rather than as other electrothermic appliances of a kind used for domestic purposes under HTSUS 8516.79.0000 (2.7 percent duty). CBP explains that while the pen is an electrothermic device it cannot be said to be a domestic device because it may also be used in a commercial environment. Ruling HQ H293445 will revoke ruling NY N248177 to reflect this change.

Garments with Overlays

CBP is proposing to revoke or modify a number of rulings to clarify the proper classification analysis with regard to apparel that consists of more than one fabric.

- Rulings HQ 950007, NY N257834, NY N257469, NY N243946, NY N242436, NY N235714, NY N208296, NY N173438, NY N138899, NY N138900, and NY N043115 would be modified to remove discussion of the essential character and clarify that the subject garments with overlays should have been classified on the basis of General Rule of Interpretation 1 rather than GRI 3(b). The tariff classifications provided in these rulings would remain unchanged.

- Ruling HQ 960960 concerning similar articles would be modified to remove a parenthetical that describes the term “overlay” as that “which is merely a decorative addition to the garment.” CBP states that this is an incorrect statement because an overlay may be mere trimming (decorative) or more than mere trimming (integral).

- Ruling NY N255267 would be revoked to (a) clarify that the subject woman’s pullover with open work knit fabric overlay is properly classified by applying GRI 3(b) with the essential character being imparted by the overlay rather than the body fabric and (b) reclassify the pullover under HTSUS 6110.30.30 rather than HTSUS 6110.20.2079.

- Ruling NY N254620 would be revoked to (a) specify that the subject boy’s cardigans are properly classified on the basis of their knit body fabric by applying GRI 1 rather than on the basis of their overlay fabric by applying GRI 3(c) and (b) reclassify the cardigans under HTSUS 6110.20.20 rather than HTSUS 6211.32.0081.

Women’s Shirts

In rulings NY N019202, NY N018064, and NY M80970 concerning the classification of women’s shirts with partial openings and no means of closure, CBP indicated that a means of closure is necessary for garments with partial openings of HTSUS heading 6106. However, CBP is now proposing to modify these rulings to remove this language because the legal notes to the HTSUS and the Explanatory Notes do not provide a basis for such a determination. However, CBP continues to state that the shirts at issue are not classifiable under heading 6106 for other reasons.

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