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CBP Ruling Changes: Pillows, Garments, Bottle Bags, Plastic Floats, Hair Combs

Thursday, October 11, 2018
Sandler, Travis & Rosenberg Trade Report

The following final revocations and modifications of U.S. Customs and Border Protection rulings are included in the Sept. 26, 2018, Customs Bulletin and Decisions. These changes will be effective with respect to goods entered or withdrawn from warehouse for consumption on or after Nov. 26.

Pillows and Mattress Covers. CBP has determined that decorative pillows, heatable saks, and stuffed mattress covers classified under HTSUS 9404.90.20 are subject to the rules of origin in 19 CFR 102.21 rather than 102.11. CBP explains that these items have a polyester outer shell and are therefore textile products, which 19 CFR 102.21 specifically applies to. Given this change, CBP finds that these items are eligible for preferential treatment under NAFTA and that their country of origin for marking purposes is Mexico. Rulings HQ H290258, H293880, and H293881 will modify rulings NY N287930, HQ H265611, and HQ 9632233 to reflect this change.

Shirt-Blouses. CBP has withdrawn a proposal to reclassify Guayabera-style shirt-blouses as shirt-blouses under HTSUS 6206.90.0040 (6.7 percent duty; linen) or 6206.30.3041 (15.4 percent duty; cotton). As a result, these items will remain classified as other garments under HTSUS 6211.49.90.

Bottle Bags. CBP is reclassifying 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 H273867 will revoke rulings HQ H235569 and NY N179138 and modify rulings NY N230128 and NY N204304 to reflect this change.

Inflatable Aquatic Articles. CBP is reclassifying plastic inflatable floats meant for use in calm open water as other sports or outdoor games under HTSUS 9506.99.6080 (4 percent duty) rather than as other inflatable articles under HTSUS 3926.90.7500 (4.2 percent duty) or other water sports equipment under HTSUS 9506.29.0080 (duty-free). Ruling HQ H225359 will revoke rulings NY K88277, NY F84500 and NY N019683 to reflect this change.

Hair Accessory. CBP is reclassifying the EZ Comb, a plastic hair accessory used by women and girls to style their hair, as a hair comb under HTSUS 9615.11.10 or 9615.11.30 (14.4¢/gross + two percent duty if valued not over $4.50 per gross or 28.8¢/gross + 4.6 percent duty if valued over $4.50 per gross) rather than as a hair slide under HTSUS 9615.11.5000 (duty-free). CBP explains that because this item is anchored by two combs with teeth to secure hair in place and does not contain any bars, hinges, or clips it does not meet the dictionary definitions of hair slide. Ruling HW H088397 will revoke ruling NY N048195 to reflect this change.

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