CBP Ruling Changes on Knee Scooters, Rainwear, Focaccia, Ground Mats
The following proposed and final revocations and modifications of U.S. Customs and Border Protection classification rulings are included in the March 8, 2017, Customs Bulletin and Decisions. Comments on the proposed revocations and modifications are due no later than April 7 and the final revocations and modifications will be effective for goods entered or withdrawn from warehouse for consumption on or after May 8.
Knee Scooters. CBP is proposing to reclassify non-motorized knee scooters that provide greater mobility to people with leg injuries as orthopedic appliances under HTSUS 9021.10.00 (duty-free) rather than as other vehicles not mechanically propelled under HTSUS 8716.80.5090 (3.2 percent duty). CBP explains that these scooters are not designed for transportation, which is a characteristic of vehicles of heading 8716, because they are not designed to be ridden by the user. Rulings NY N246495 and NY N182928 would be revoked to reflect this change.
Plastic Rainwear. CBP has withdrawn its proposal to revoke ruling NY N247420, which classified plastic rainwear consisting of an unlined jacket and a pair of trousers in HTSUS 3926.20.60. CBP states that after further examination and testing of the fabric it has concluded that this classification is correct.
Focaccia. CBP is reclassifying frozen focaccia, consisting of a flat bread base topped with vegetables, as other frozen baked products under HTSUS 1905.90.1049 (duty-free) rather than as other bakers’ wares under HTSUS 1905.90.9090 (4.5 percent duty). Ruling HQ H269056 will revoke ruling NY J89472 to reflect this change.
Ground Mats. CBP is reclassifying internally padded mats designed to be placed on the ground and subsequently sat, reclined, or laid upon as cushions under HTSUS 9404.90.20 (duty-free) rather than as other made up articles under HTSUS 6307.90.9889, 6307.90.99, or 6307.90.9050 (all 7 percent duty). CBP explains that it is immaterial that the mats do not necessarily induce or facilitate sleep or lend themselves to use apart from beds or bedding articles or that they include various materials designed to facilitate their conversion into a bag for transport purposes. However, CBP notes that this determination is applicable only to mats that contain internal padding. Ruling HQ H264344 will revoke rulings NY N253198, NY H82586, NY G85866, NY G86314, NY G86128, NY F81159, NY E87993, NY D80795, NY 878296, and NY 849584 to reflect this change.