Background

The following proposed and final revocations of U.S. Customs and Border Protection rulings are included in the Oct. 16, 2019, Customs Bulletin and Decisions. Comments on the proposed changes are due by Nov. 15 and the final changes will be effective with respect to goods entered or withdrawn from warehouse for consumption on or after Dec. 16.

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

Footwear

CBP is proposing to reclassify certain girls’ and women’s closed-toe, closed-heel, below-the-ankle shoes as athletic footwear under HTSUS 6404.11.90 (20 percent duty) rather than as non-athletic footwear under HTSUS 6404.19.90 (9 percent duty). CBP explains that these shoes are suitable for athletic activity despite having embroidered uppers because embroidery alone does not preclude shoes from being classified as athletic footwear. Rulings NY N285583 and NY N299433 would be revoked to reflect this change.

Hair Trimmers

CBP is reclassifying electric hair trimmers as hair clippers under HTSUS 8510.20.90 (4.5 percent duty) rather than as shavers under HTSUS 8510.00.00 (duty-free). CBP explains that the sole or primary cutting actions of these items are those described as belonging to clippers. Ruling H286686 will revoke rulings NY N272219, NY N273910, NY N273911, NY N274044, and NY N274103 to reflect this change.

Inflatable Guitars

CBP is reclassifying a toy rubber musical instrument that resembles an electric guitar when inflated as other plastic inflatable articles under HTSUS 3926.90.75 (4.2 percent duty) rather than as toys under HTSUS 9503.50.00 (duty-free). CBP states that this item is not a toy because identical items are marketed and used as party decorations and favors and as a result any amusement value they have is incidental to this practical purpose. Ruling HQ H289843 will revoke ruling NY J81414 to reflect this change.

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