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Classification Ruling Changes on Polyester Resin, Shoe Covers, Hosiery, Keyboards, Socks

Friday, May 06, 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 May 4, 2016, Customs Bulletin and Decisions. Comments on the proposed revocations and modifications are due no later than June 3 and the final revocations and modifications will be effective for goods entered or withdrawn from warehouse for consumption on or after July 5.

Polyester Resin. CBP is proposing to reclassify Dion 9100, an unsaturated polyester resin used in building fiberglass reinforced tanks, pipes and other plastic parts, as a polyether under HTSUS subheading 3907.20.0000 (6.1 percent duty) rather than as an unsaturated polyester resin under HTSUS subheading 3907.91.5000 (6.5 percent duty). Ruling NY N051856 would be revoked to reflect this change.

Shoe Covers. CBP is proposing to reclassify disposable shoe covers of the type worn by persons in health care or food processing facilities over regular shoes as other footwear with uppers of which more than 90 percent of the external surface area is rubber or plastic under HTSUS subheading 6402.99.31 (6 percent duty) rather than as other protective footwear with outer soles and uppers of rubber or plastics under HTSUS subheading 6402.99.33 (37.5 percent duty). CBP explains that (a) the plastic layer covers the majority of the external surface area of the upper and (b) these shoe covers do not offer significant protection against water, oil, grease or chemicals or cold or inclement weather. Ruling NY N239495 would be revoked to reflect this change.

Compression Hosiery. CBP is proposing to reclassify graduated compression hosiery prescribed by physicians and sold in medical and surgical supply stores as surgical stockings with graduated compression for orthopedic treatment under HTSUS subheading 6115.10.05 (duty-free) rather than as other women’s hosiery under HTSUS subheading 6115.30.9010 (14.6 percent duty). CBP explains that given their channels of sale, use and therapeutic effectiveness these items are substantially similar to other surgical graduated compression stockings CBP has previously classified. Ruling NY N235286 would be revoked to reflect this change.

Printed Circuit Board Switch Assemblies. CBP is proposing to reclassify printed circuit board switch assemblies that function as analog selection devices for various electric control modules in a motor vehicle as other boards for electric control or the distribution of electricity under HTSUS subheading 8537.10.90 (2.7 percent duty) rather than as electrical apparatus for switching or protecting electrical circuits under HTSUS 8536.50.9031 (2.7 percent duty). CBP explains that it erroneously viewed the exclusion of simple switch assemblies from HTSUS heading 8537 in a way that conflicts with the plain text of that heading. Ruling NY 202228 would be modified to reflect this change.

Relabeled Computer Keyboards. CBP is proposing to modify ruling NY L83879 to hold that relabeling computer keyboards with new part numbers and UPC labels abroad is a repair or alteration eligible for duty-free treatment under HTSUS subheading 9802.00.50. CBP explains that in previous cases where marking or affixing a label to a product was deemed an acceptable alteration for purposes of subheading 9802.00.50 that labeling served an identification purpose, as is also the case here.

Cast Socks. CBP is reclassifying a sock used to cover the foot while wearing a cast as an accessory used solely or principally with an orthopedic appliance under HTSUS 9021.10.00 (duty-free) rather than as an other sock of synthetic fibers under HTSUS 6115.96.9020 (14.6 percent duty). CBP explains that given its design this item is only suitable to be worn with a cast. Ruling HQ H194697 will modify ruling NY N183637 to reflect this change.

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