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Classification Ruling Changes on Bottle Bags, Computers, Girls’ Garments

Friday, June 08, 2018
Sandler, Travis & Rosenberg Trade Report

The following proposed and final revocations and modifications of U.S. Customs and Border Protection classification rulings are included in the June 6, 2018, Customs Bulletin and Decisions. Comments on the proposals are due no later than July 6 and the final actions will be effective with respect to goods entered or withdrawn from warehouse for consumption on or after Aug. 6.

Bottle Bags. CBP is proposing to classify plastic bottle bags as shopping bags under HTSUS 4202.92.3900 (17.6 percent duty) or 4202.92.4500 (20 percent duty) rather than as other bags under HTSUS 4202.92.90 (now 4202.92.91 and 4202.92.97; 17.6 percent duty). CBP explains that these bags meet the qualities of shopping bags because they have an open top and two carrying handles, are of a durable construction, are suitable for repetitive use, and are designed to provide storage, protection, portability, and organization to bottles. Unlike bottle cases of subheadings 4202.92.91 and 4202.92.97, CBP adds, these bags do not provide protection against breakage. Rulings HQ H235569 and NY N179138 would be revoked, and rulings NY N230128 and NY N204304 would be modified, to reflect this change.

All-in-One Computers. CBP is reclassifying the LG Chromebase, an all-in-one computer, as an automated data processing machine under HTSUS 8471.49.0000 (duty-free) rather than as an electrical machine under HTSUS 8543.70.9650 (2.6 percent duty). Ruling HQ H264746 will revoke ruling NY N257812 to reflect this change.

Girls’ Garment. CBP is reclassifying a girls’ upper body garment as a brassiere under HTSUS 6212.10.90 (16.9 percent duty) rather than as a t-shirt, singlet, or similar garment under HTSUS 6109.10.0037 (16.5 percent duty). CBP has also determined that this garment meets meet the applicable tariff shift requirements and thus qualifies for preferential tariff treatment under the U.S.-Peru free trade agreement.

The item at issue is an abbreviated upper body garment intended to be worn under clothing and marketed as a sports bra for girls ages six to twelve. CBP previously concluded that the basic prerequisite for classification as a brassiere is not met by these garments because their essential characteristic and purpose is not to support a part of the body but to provide coverage for modesty purposes. CBP has now reversed this determination in light of several studies on girls’ body development.

Ruling HQ H282945 will revoke ruling NY N279310 to reflect this change.

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