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Classification Changes Proposed on Sandals, Apparel, Surgical Trays, Actuators

Monday, April 08, 2019
Sandler, Travis & Rosenberg Trade Report

The following proposed revocations of U.S. Customs and Border Protection classification rulings are included in the April 3, 2019, Customs Bulletin and Decisions. Comments are due no later than May 3.

Women’s Sandals. CBP is proposing to reclassify three styles of women’s sandals as footwear the uppers of which over 90 percent of the external surface area in plastics under HTSUS 6402.99.31 (6 percent duty) rather than as other footwear with open toes and open heels under HTSUS 6402.99.4960 (37.5 percent duty) or as other footwear valued over $6.50 but not over $12/pair under HTSUS 6402.99.8061 (90 cents/pair + 20 percent duty). CBP explains that the materials of the upper for these sandals consist of rubber or plastics because they are composed of textiles that are coated, covered, or laminated with an external layer or rubber/plastic that is visible to the naked eye. Ruling NY N270791 would be revoked to reflect this change.

Surgical Tray. CBP is proposing to reclassify a specialized, color-coded surgical tray as other articles of iron or steel under HTSUS 7326.90.86 (2.5 percent duty) rather than as other instruments and appliances used in dental sciences and parts and accessories thereof under HTSUS 9018.49.8080 (duty-free). CBP explains that this tray is not a part of the associated dental drill, which is not attached to it and can operate without it, nor is it an accessory because it does not contribute to the drill’s effectiveness in making a diagnosis, preventing or treating an illness, or surgery. Ruling HQ H277654 would be revoked to reflect this change.

Apparel. CBP is proposing to reclassify the following items.

- men’s shorts of 50 percent linen and 50 percent viscose rayon fiber blend as shorts of synthetic fibers under HTSUS 6203.43.90 (27.9 percent duty) rather than as shorts of other textile materials under HTSUS 6203.49.8060 (2.9 percent duty)

- men’s shirts of 50 percent linen and 50 percent viscose rayon fiber blend as shirts of manmade fibers under HTSUS 6205.30.20 (29 cents/kg + 25.9 percent duty) rather than as shirts of other textile materials under HTSUS 6205.90.4040 (2.9 percent duty)

- dust skirts of 50 percent polyester and 50 percent cotton as bed valances of synthetic fibers under HTSUS 6303.92.20 (11.3 percent duty) rather than as bed valances of cotton under HTSUS 6303.91.0000 (11.7 percent duty)

- men’s knit sweaters of 50 percent cotton and 50 percent silk knit fabric as sweaters of cotton under HTSUS 6110.20.20 (16.5 percent duty) rather than as sweaters of other textile materials under HTSUS 6110.90.9010 (6 percent duty)

- sleeveless knit tunic-type garments made of 50 percent wool and 50 percent silk fabric as pullovers of wool under HTSUS 6110.11.00 (16 percent duty) rather than as pullovers of other textile materials under HTSUS 6110.90.0074 (6 percent duty)

Rulings NY H84223, NY F89120, NY H84975, HQ 085998, HQ 085150, and HQ088132 would be revoked to reflect these changes.

Click here to register for ST&R’s upcoming webinar on the basics of apparel classification.

Plastic Spray Actuators. CBP is proposing to reclassify plastic spray bottle actuators as hand-operated mechanical appliances for spraying liquids under HTSUS 8424.89.90 (1.8 percent duty) rather than as parts of such appliances under HTSUS 8424.90.9080 (3.7 percent duty) or as plastic caps under HTSUS 3923.50.0000 (5.3 percent duty). Rulings NY 874164 and NY R00270 would be revoked to reflect this change.

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

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