CBP Ruling Changes: Necklaces, Sporting Goods, Paper, Seat Covers, Clothing, Footwear
The following proposed or final revocations and modifications of U.S. Customs and Border Protection rulings on classification, marking and preferential treatment are included in the July 29, 2015, Customs Bulletin and Decisions. Comments on the proposed revocations and modifications are due no later than Aug. 28, and the final revocations and modifications will be effective for goods entered or withdrawn from warehouse for consumption on or after Sept. 28.
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Necklaces. CBP is proposing to reclassify necklaces made of woven nylon fabric surrounding a silicone/plastic core as plastic imitation jewelry under HTSUS 7117.90.75 (duty-free) rather than as other made up clothing accessories under HTSUS 6217.10.95 (14.6 percent duty). Ruling NY N022480 would be revoked, and ruling NY N059109 would be modified, to reflect this change.
Archery Target Handle Insert. CBP is reclassifying a handle insert for a portable archery target as parts of archery equipment under HTSUS 9506.99.05 (duty-free) rather than as other plastic handles and knobs under HTSUS 3926.90.25 (6.5 percent duty). Ruling NY N209619 is being revoked to reflect this change.
Plastic Heat Shrink Tubing. CBP is proposing to reclassify plastic heat shrink tubing used for insulating electrical conductors as other articles of plastic under HTSUS 3926.90.99 (5.3 percent duty) rather than as electrical insulators under HTSUS 8546.90.00 (duty-free). Ruling NY 843391 would be revoked, and ruling NY H80297 would be modified, to reflect this change.
Cat Toys. CBP is reclassifying two cat toys as machines having individual functions under HTSUS 8479.89.98 (2.5 percent duty) rather than as electrical machines under HTSUS 8543.70.9650, 8543.89.9695 or 8543.89.9795. Rulings NY N056253 and NY D83727 are being revoked, and ruling NY M87177 is being modified, to reflect this change.
Paper and Notebooks. CBP is proposing to reclassify filler paper as other paper under HTSUS 4811.90.9080 (duty-free) rather than as writing and cover paper under HTSUS 4802.57.1000 (duty-free) and to determine that this paper qualifies for NAFTA preferential tariff treatment. CBP is also proposing to reclassify composition notebooks as sewn composition books under HTSUS 4820.10.2030 (duty-free), and spiral notebooks and wireless notebooks as other note books under HTSUS 4820.10.2040 (duty-free), rather than as memo pads, letter pads and similar articles under HTSUS 4820.10.2020 (duty-free). Ruling NY N057699 would be modified to reflect this change.
Prepared Nuts. CBP is proposing to reverse previous determinations and find that raw nuts of foreign origin imported into Canada and subject to various processes there (e.g., roasting, blanching, salting) before being exported to the U.S. do not qualify for preferential tariff treatment under NAFTA and, in applicable cases, do not qualify to be marked as goods of Canada. Rulings NY E87234, NY F88926, NY H84143, NY H82352, NY R02589 and NY N228118 would be modified to reflect this change.
Pheromone Lures. CBP is reversing a previous determination to find that pheromone lures used as traps for certain types of insects are eligible for preferential treatment under DR-CAFTA even though the rules of origin under this FTA had not been updated to reflect the most recent technical updates made to the HTSUS. Ruling HQ H237563 will modify ruling NY N233747 to reflect this change.
Automobile Seat Covers. CBP is reclassifying certain automobile seat covers as parts and accessories of motor vehicles under HTSUS 8708.99.81 (2.5 percent duty) rather than as other furnishing articles under HTSUS 6304 or as made up textile articles under HTSUS 6307. The goods at issue are various universal fit, after-market covers designed to fit over most bucket seats and bench seats of cars, trucks, sport utility vehicles and vans and are knit or woven and made from synthetic or cotton fabric. Ruling HQ H249319 will revoke rulings NY 815572, NY 816444, NY 817886, NY A88713, NY C85587, NY D87669, NY E83615, NY I88761, NY K80213 and NY N015530 to reflect this change.
Triathlon Short. CBP is proposing to reclassify a woman’s triathlon racing short as other women’s or girls’ garments of manmade fibers under HTSUS 6114.30.3070 (14.9 percent duty) rather than as women’s shorts of synthetic fibers under HTSUS 6104.63.2006 (28.2 percent duty). Ruling NY N007456 would be revoked to reflect this change.
Footwear. CBP is proposing to reclassify a pair of men’s open toe/heel flip-flop thong sandals with rubber or plastic outer soles as men’s footwear with uppers of more than 50 percent leather under HTSUS 6404.19.1520 (10.5 percent duty) rather than as men’s slip-on footwear with open toes or heels under HTSUS 6404.19.3940 (37.5 percent duty). Ruling NY N212500 would be revoked to reflect this change.