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Classification Changes for Kayak Seat Backs, Sign Panels, Stretcher Covers, Surfboard Carriers

Thursday, September 26, 2019
Sandler, Travis & Rosenberg Trade Report

The following proposed revocations and modifications of U.S. Customs and Border Protection rulings are included in the Sept. 25, 2019, Customs Bulletin and Decisions. Comments on the proposed changes are due by Oct. 25.

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

Kayak Seat Backs

CBP is proposing to reclassify kayak seat backs as cushions and similar furnishings under HTSUS 9404.90.20 (6 percent duty) rather than as other articles of plastic under HTSUS 3926.90.9980 (5.3 percent duty). Ruling HQ H286422 would be modified to reflect this change.

Lighted Sign Panels

CBP is proposing to reclassify plastic sheets with printed numerals designed to be part of LED lighted signs as other printed matter under HTSUS 4911.99.80 (duty-free) rather than as plastic articles under HTSUS 3926.90.9980 (5.3 percent duty). CBP explains that these items are not more particularly covered by any other subheading in Chapter 49 and the numerals are formed by the printing process. Ruling HQ H262220 would be modified to reflect this change.

Stretcher and Gurney Covers

CBP is proposing to reclassify two stretcher covers and one gurney cover made of non-woven polypropylene fabric as bed linen under HTSUS 6302.32.20 (11.4 percent duty) rather than as other made up textile articles under HTSUS 6307.90.9989 (7 percent duty). CBP explains that these items meet the definition of bed linen given by the Court of Appeals for the Federal Circuit in Medline Indus. v. U.S., which overturned a lower court ruling that heading 6302 is limited to those items found on all beds. Ruling NY B89677 would be revoked, and ruling NY I88978 would be modified, to reflect this change.

Surfboard Transport Systems

CBP is proposing to reclassify surfboard transport systems as motor vehicle accessories under HTSUS 8708.29.50 (2.5 percent duty) or other made-up textile articles under HTSUS 6307.90.98 (7 percent duty) rather than as surfboard accessories under HTSUS 9506.29.00 (duty-free). CBP explains that these items do not relate directly to the operation of surfboards or contribute to their effectiveness and are not narrowly designed to only be useable to secure surfboards. Rulings NY N019824, NY M81749, and NY K80289 would be revoked to reflect this change.

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