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CBP Ruling Changes: Woven Fabric, Car Cover, Plastic Containers, Camera Case

Monday, May 13, 2019
Sandler, Travis & Rosenberg Trade Report

The following proposed or final revocations or modifications of U.S. Customs and Border Protection rulings are included in the May 8, 2019, Customs Bulletin and Decisions. Comments on the proposed changes are due no later than June 7, and the final actions are effective for goods entered or withdrawn from warehouse for consumption on or after July 8.

Woven Fabric

CBP is proposing to reclassify a woven fabric of 46.2 percent textured filament polyester, 8.8 percent spun polyester, and 45 percent rayon staple fibers as woven fabrics of artificial staple fibers under HTSUS 5516.23.00 (8.5 percent duty) rather than as woven fabrics of synthetic filament yarn under HTSUS 5407.93.2090 (12 percent duty). CBP explains that because the Explanatory Notes define spun yarns as staple fibers, the spun polyester is considered a staple fiber. This change means that a majority of the fabric is composed of staple fibers and the fabric must be classified accordingly. Ruling NY N015943 would be revoked to reflect this change.

Car Cover

CBP is proposing to reclassify a car cover made of polyethylene vinyl acetate plastic as other articles of plastic under HTSUS 3926.90.99 (5.3 percent duty) rather than as automobile parts and accessories under HTSUS 8708.99.8080 (2.5 percent duty) or 8708.99.5085 (3.1 percent duty). CBP explains that the cover is not a part because a car can function without it and it is not essential, constituent, or integral to the vehicle. In addition, the cover is not an accessory because it does not directly affect the car’s operation or contribute to the car’s effectiveness. Ruling NY 866826 would be revoked, and ruling NY I89651 would be modified, to reflect this change.

Fillable Plastic Containers

CBP is reclassifying refillable plastic containers that open by snapping in half at the middle as other plastic ornamental articles under HTSUS 3926.40.0090 (5.3 percent duty) rather than as plastic household articles under HTSUS 3924.90.55/56 (3.4 percent duty) or 3924.10.40 (3.4 percent duty) or as festive articles under HTSUS 9505.90.60 (duty-free). CBP explains that the items (a) are not festive articles because they are not closely associated with, or used or displayed principally during, a festive occasion, and (b) are designed to facilitate the transportation and storage of small items and are therefore not strictly or primarily used in the household. Ruling HQ H043742 will revoke rulings NY N018731, NY N013622, NY N012286, NY N021076, NY H86212, NY N025433, NY D81320, NY C83630, and HQ 961700, and modify ruling NY N007698, to reflect this change.

Waterproof Camera Case

CBP has withdrawn a proposal to reclassify a rigid molded plastic waterproof camera housing as a part of an apparatus of heading 8525 to 8528 under HTSUS 8529.90.86 (duty-free) or as an article of plastic under HTSUS 3926.90.99 (5.3 percent duty). CBP indicated only that upon further review it determined that this change would be “contrary to the sound administration of the customs and related laws.” As a result, this housing will remain classified as a camera case or similar container under HTSUS 4202.99.90 (20 percent duty) and rulings NY N240464, NY L83830, NY I84647, and NY N222075 will remain in effect.

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

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