The following proposed revocations and modifications of U.S. Customs and Border Protection rulings are included in the Oct. 30, 2024, Customs Bulletin and Decisions. Comments on these proposed changes are due by Nov. 30.
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.
Women’s Pants
CBP is proposing to reclassify certain women’s pants as women’s clothing with an outer surface covered with plastics under HTSUS 6210.50.75 (3.3 percent duty) rather than as women’s cotton garments under HTSUS 6104.62.2006 (14.9 percent duty). Ruling NY N251623 would be modified to reflect this change.
The products at issue are pull-on pants with front panels constructed from 100 percent cotton woven fabric coated with PVC and back panels constructed from 78 percent cotton, 17 percent nylon, and five percent spandex knit fabric. The pants feature a wide elasticized waistband with a button closure and a zipper, six belt loops, two faux front pockets at the sides, two patch pockets in the back, and hemmed leg openings. The garment extends from the waist to the ankles.
CBP explains that these pants are classifiable in three different headings (6104, which provides for knitted women’s trousers; 6204, which provides for woven women’s trousers, and 6210, which provides for garments made up of fabrics of heading 5903). CBP concludes that the pants are classified in heading 6210 because the woven front panel imparts their essential character.
Video Goggles
CBP is proposing to reclassify infrared video goggles as other electro-diagnostic apparatus under HTSUS 9018.19.95 (duty-free) rather than as other optical instruments and appliances under HTSUS 9018.90.20 (duty-free). Ruling NY N308716 would be revoked to reflect this change.
The product at issue consists of a plastic enclosure that goes around the eyes to block out all light, attached with a front panel and a silicone strap with two strap adapters and two adjusters. The front panel contains two cameras, two switches, a cable assembly, and other components. Each camera has two infrared LEDs and one visible light LED embedded on the chip and can detect both visible and infrared light, which it then captures on a sensor.
CBP concludes that the goggles are electro-diagnostic apparatus because they are designed to be used by trained medical professionals, such as audiologists, ENT doctors, physicians, etc., to assist in diagnosing vestibular disorders.
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