Background

In the April 13, 2022, Customs Bulletin and Decisions, U.S. Customs and Border Protection is reclassifying the following products, effective with respect to goods entered or withdrawn from warehouse for consumption on or after June 12.

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.

Auto Mirrors

CBP is reclassifying unframed automotive side mirrors as rear-view mirrors for vehicles under HTSUS 7009.10.00 (3.9 percent duty) rather than as unframed glass mirrors under HTSUS 7009.91.1000 (7.8 percent duty).

CBP explains that while these mirrors are placed on the exterior of passenger vehicles they reflect the area behind the vehicles. In addition, federal motor vehicle safety standards demonstrate that the commercial definition of rear-view mirrors includes side mirrors.

Ruling HQ H318979 will revoke ruling NY N253902 to reflect this change.

Babies’ Swimwear

CBP is reclassifying babies’ swimwear as diaper liners and similar articles under HTSUS 9619.00 (further information needed to determine classification beyond six-digit level along with appropriate duty rate) rather than as babies’ garments under HTSUS 6111.30.5070 (16 percent duty).

The swimwear at issue has outer shells and interior linings of polyester knit fabric. Between the outer shells and the linings is a layer of thin nylon woven fabric that has a polyurethane coating that assists in preventing waste and bacteria from getting into the water.

Ruling HQ H304671 will revoke ruling NY N245655 to reflect this change.

Plastic Bags

CBP is reclassifying plastic urine drainage bags as other plastic articles under HTSUS 3926.90.99 (5.3 percent duty) rather than as medical appliances under HTSUS 9018.90.80 (duty-free). The items at issue include transparent bags marked in milliliters, connective tubes, and leg straps.

CBP states that articles of Chapter 90 are excluded from classification in Chapter 39 unless they are “capacity measures,” in which case they are to be classified according to their constituent material. CBP finds that the subject bags meet the definition of this term because they are marked to permit measurement.

Ruling HQ H322386 will revoke ruling NY E83373 to reflect this change.

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