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Classification Ruling Changes on Plastic Sheeting, Auto Lock Sets, Knit Pants, Etc.

Friday, January 29, 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 Jan. 27, 2016, Customs Bulletin and Decisions. Comments on the proposed revocations and modifications are due no later than Feb. 26 and the final revocations and modifications will be effective for goods entered or withdrawn from warehouse for consumption on or after March 28.

Plastic Sheeting. CBP is proposing to reclassify woven polypropylene/polyethylene sheeting coated on either one or two sides with a plastic film or laminated to a paper backing as other articles of loofah under HTSUS 4602.90.0000 (3.5 percent duty) rather than as plaits and similar articles of plaiting materials under HTSUS 4601.99.9000 (3.3 percent duty). CBP explains that the coating of such sheeting is a level of manufacturing that is beyond the scope of heading 4601 and that it has consistently classified such sheeting under heading 4602. Rulings NY N213335, NY N213337 and NY N213340 would be revoked to reflect this change.

Mobile Pumper. CBP is proposing to reclassify a mobile pumper used to pump chemical mixtures into an oil or gas well as a reciprocating positive displacement pump under HTSUS 8413.50.00 (duty-free) rather than as a special purpose motor vehicle under HTSUS 8705.90.00 (duty-free). CBP explains that (a) the pumper is not described by heading 8705 because it does not have a propelling engine, a gear box and controls for gear changing, or steering and braking facilities and (b) it relies on a reciprocating plunger to displace the liquid pumped into the wells. Ruling NY N049598 would be modified to reflect this change.

Auto Cylinder Lock Sets. CBP is classifying components of automobile cylinder lock sets together as locks of a kind used on motor vehicles under HTSUS 8301.20.0060 (5.7 percent duty) rather than classifying the lock assembly/ignition switch/wire harness separately as electrical apparatus under HTSUS 8536.50.9065 (2.7 percent duty) and the actual locks and articles containing locks and keys under HTSUS 8301.20.0060. CBP explains that the separate items are considered goods put up in sets for retail sale and that the locks impart the essential character to these sets. Ruling HQ H060579 will revoke ruling NY I84093 to reflect this change.

Knit Polyester Pants. CBP is reclassifying a pair of boys’ lounge pants of knit polyester, piece dyed, brushed fabric as sleepwear under HTSUS 6107.99.1030 (14.9 percent duty) rather than as loungewear under HTSUS 6103.43.1540 (28.2 percent duty). CBP states that the physical characteristics of the pants are consistent with sleepwear and that the sizing, construction, styling, advertising and marketing of the pants demonstrate that they are intended to be used by boys. Ruling HQ H140735 will revoke ruling NY N071298 to reflect this change.

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