The following proposed revocations of U.S. Customs and Border Protection classification rulings are included in the Feb. 23, 2022, Customs Bulletin and Decisions. Comments on these proposed changes are due by March 25.

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.

Babies’ Swimwear

CBP is proposing to reclassify 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). Ruling NY N245655 would be revoked to reflect this change.

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

Plastic Bags

CBP is proposing to reclassify plastic urine drainage bags as plastic articles under HTSUS 3926.90.99 (5.3 percent duty) rather than as medical appliances under HTSUS 9018.90.80 (duty-free). Ruling NY E88373 would be revoked to reflect this change.

The items at issue include a transparent bag 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.

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