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CBP Rulings on Duty-Free Eligibility, Country of Origin, Classification

Wednesday, January 07, 2015
Sandler, Travis & Rosenberg Trade Report

In the Dec. 24, 2014, Customs Bulletin and Decisions, U.S. Customs and Border Protection proposed to modify the following rulings. Comments are due by Jan. 23.

Product: Women’s and girls’ garments.
Proposed action: Modification of NY N242661, NY N018963 and NY N249027.
Current determination: Garments may be eligible for duty-free treatment under HTSUS 9822.05.10 because they are cut, assembled and sewn in an FTA partner country using fabric and thread wholly formed in the U.S. and the finished products are classified in HTSUS Chapter 61.
Proposed determination: Garments are not eligible for such treatment because they include fabrics that are formed outside the U.S.

Product: Knit-to-shape women’s undergarments.
Proposed action: Modification of NY N026168 and N024465.
Current analysis: Country of origin is determined by application of the rules of origin set forth in 19 CFR 102.21, taking into consideration whether the garment was wholly assembled.
Proposed analysis: Under the statute, knit-to-shape textile or apparel products are not subject to the “wholly assembled” rule and instead derive their country of origin from the country, territory or possession in which they are knit to shape.

Also in the Dec. 24, 2014, Customs Bulletin and Decisions, CBP revoked classification rulings on the following product, effective for merchandise entered or withdrawn from warehouse for consumption on or after Feb. 23.

Product: MP3 player docking stations and speaker system.
Action: Revocation of HQ H213705 and NY R01884.
New ruling: HQ H234950.
New classification: HTSUS 8519.89.30, sound recording or reproducing apparatus (duty-free).

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