Background

The following proposed revocations and modifications of U.S. Customs and Border Protection classification and origin rulings are included in the April 13, 2022, Customs Bulletin and Decisions. Comments on these proposed changes are due by May 13.

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.

Full Zip Jackets

CBP is proposing to reclassify men’s full zip jackets as jackets under HTSUS 6101.20.2010 (15.9 percent duty) rather than as sweater-like cardigans under HTSUS 6110.20.2069 (16.5 percent duty). Ruling NY N316817 would be modified to reflect this change.

The garments at issue are constructed from 80 percent cotton, 20 percent polyester, French terry knitted fabric. One hundred percent polyester woven fabric overlays have been sewn onto portions of the hood, back yoke, center back, lower sleeves, upper chest, and pockets. The garments also have (1) a full front opening with a reverse coil zipper that extends to the base of a scuba-type, self-fabric hood with a drawstring inserted through a casing around the face, (2) long sleeves with ribbed knit cuffs, (3) reverse coil, zippered slant pockets, (4) a zippered pocket on the sleeve, and (5) a ribbed knit hem.

CIT explains that with these features these garments meet most, if not all, of the requirements for a jacket as set forth in the Textile Guidelines and according to the definition of a jacket expressed in multiple rulings. Further, the garments are constructed and designed to be worn over other garments as outerwear for warmth and protection against weather conditions and not merely for comfort and adornment.

Sleeveless Jackets

CBP is proposing to reclassify men’s vests/sleeveless jackets as sleeveless jackets under HTSUS 6201.40.4500 (7.1 percent duty, if water-resistant) or HTSUS 6201.40.5000 (27.7 percent duty, if not water-resistant) rather than vests under HTSUS 6211.33.0054 (16.4 percent duty). Ruling HQ 964512 would be revoked, and ruling NY G80065 would be modified, to reflect this change.

The garment at issue is a men’s vest with an outer shell composed of 100 percent nylon woven fabric coated with polyurethane (which is not visible to the naked eye). The garment features a knit, mesh, manmade fiber lining and a full frontal opening with a zipper closure extending through the stand-up collar. It also has slanted pockets with zippered closures located below the waist and a hemmed bottom.

CIT explains that this garment has four of the features of a jacket as set forth in the Textile Guidelines and possesses the same characteristics and purpose that unite the coats, jackets, windbreakers, and similar articles enumerated under heading 6201.

PEEK Powder

CBP is proposing to change a determination on the country of origin of polyetheretherketone powder. Ruling NY N111878 would be revoked to reflect this change.

According to CBP, untempered PEEK powder is imported from the United Kingdom into Germany where it is further processed by a special tempering step that allows it to be used at high temperatures in laser sintering machines for dosing and recoating. The raw material imported into Germany cannot be used for laser sintering. The tempered powder is intended for export to the U.S. for use in injection molding, extrusion, compression molding, and composites for the manufacture of engine parts and in heat exchange applications.

CBP is now proposing to reverse its determination that the tempering in Germany resulted in a substantial transformation. CBP explains that it has generally held that a heat treatment will result in a substantial transformation only if it alters the article’s mechanical properties to a significant extent. In this case, while the tempering in Germany may enable the PEEK to be better suited for laser sintering, after this process the PEEK remains a manufactured PEEK resin whose basic properties are determined in the initial production process. As a result, the country of origin of the PEEK powder for marking purposes would be the United Kingdom.

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