Background

The following final revocations and modifications of U.S. Customs and Border Protection rulings are included in the Sept. 2, 2020, Customs Bulletin and Decisions. These changes will be effective with respect to goods entered or withdrawn from warehouse for consumption on or after Nov. 1.

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

Novelty Backpacks

CBP is issuing ruling HQ H305441 to modify rulings HQ 081729 and HQ 958308 to explain that the subject novelty backpacks are properly classified in accordance with GRI 1 instead of GRI 3(b). The classification of the backpacks under HTSUS 4202.92.31 (17.6 percent duty) remains unchanged. CBP explains that these items (1) are classified in heading 4202 because they store, protect, organize, and carry in the manner of a backpack and (2) cannot be classified in chapter 95 because sports bags and other containers of chapter 42 are excluded. Because the items therefore do not fall under two or more headings they are classifiable pursuant to GRI 1.

Neck Tie

CBP is reclassifying a particular neck tie as a tie of other textile materials under HTSUS 6215.90.00 (5 percent duty) rather than as a tie of silk or silk waste under HTSUS 6215.10.00 (7.2 percent duty). Ruling HQ H304240 will revoke ruling NY N284136 to reflect this change.

The tie at issue has an outer shell composed of 55 percent linen and 45 percent silk woven fabric; an interlining composed of 63 percent cotton, 20 percent wool, and 17 percent viscose; and a lining composed of 57 percent polyester and 43 percent viscose. CBP states that the tie is a composite good classifiable according to the component that gives it its essential character pursuant to GRI 3(b). CBP concludes that the outer shell is that component because it contributes the most to the overall look and feel of the tie, which is thus classified according to the linen material that predominates in the outer shell.

Rain Gauges

CBP is reclassifying various rain gauges as other meteorological instruments under HTSUS 9015.80.80 (duty-free) rather than as other articles of glass under HTSUS 7020.00.6000 (5 percent duty) or other articles of plastic under HTSUS 3924.90.5650 (3.4 percent duty). Ruling HQ H308673 will revoke rulings N296613, NY K81163, NY K80012, NY H88046, and NY G81419 to reflect this change.

Each of the products at issue consists of a graduated tube made of either plastic or glass that is designed to be installed outdoors. The tubes are open at the top to allow rainwater to collect in the tube and marked to allow the user to determine the total rainfall based on the amount of rain collected. As a result, CBP states, these rain gauges are prima facie described by heading 9015 in that they are meteorological instruments designed to measure rainfall.

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