Background

In the Feb. 15, 2023, Customs Bulletin and Decisions, U.S. Customs and Border Protection is reclassifying certain face masks, effective with respect to goods entered or withdrawn from warehouse for consumption on or after April 16, and withdrawing a proposed reclassification of wireless headphone sets.

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

Face Masks

CBP is reclassifying paper face masks as sanitary paper articles under HTSUS 4818.90.00 (duty-free) rather than as paper clothing accessories under HTSUS 4818.50.00 (duty-free).

The masks at issue, which are part of a disposable protection kit, are made of a lightweight paper pulp. They are specially folded to fan out over and cover the mouth. Two stretch loops that fit over the ears are sewn into either side of the mask. The top edge of the mask has a wire insert that can be bent to conform securely over the nose when worn.

CBP states that these masks do not constitute clothing accessories because they are not a class or kind of goods that are principally used to accessorize clothing or that add to the beauty, convenience, or effectiveness of clothing; instead, they are independently used for sanitary purposes.

Ruling HQ H311239 will modify ruling HQ 088173 to reflect this change.

Wireless Headphone Sets

CBP has withdrawn a proposal to reclassify wireless stereo headphone sets featuring Bluetooth technology as headphones under HTSUS 8518.30.20 (duty-free) rather than as wired/wireless communication apparatus under HTSUS 8517.62.0050 (duty-free). CBP states that it needs more time to further consider the classification of this item, including whether additional rulings not previously identified should be reconsidered.

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