July 19 CBP Bulletin Proposes to Revoke, Modify Rulings on Gel Pack Vest Sets, Boys' Shirt and Tie Sets
In the July 19 issue of the CBP Customs Bulletin (Vol. 51, No. 29) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for gel pack vest sets and boys' shirt and tie sets..
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Comments on Proposals Due Aug. 18
CBP said consideration will be given to any written comments received by Aug. 18 before taking this action. In addition, any party who has received a ruling or decision on the merchandise that is subject to the proposed revocations or modifications, or any party involved with a substantially identical transaction, should advise CBP by the date that written comments on the proposed ruling are due. (An importer's failure to advise CBP of such rulings, decisions or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agents for importations subsequent to the effective date of the final decision in this notice.)
Proposals
CBP is proposing to revoke or modify the rulings below, and any rulings on these products that may exist but have not been specifically identified. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Gel Packs
| Item: Gel packs that are part of a vest set that is worn to provide heat or cold for back pain. |
| Current: 3824.90.9290, 5%, “Chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other.” |
| Proposed: 6110.30.3059, 32%, "Sweaters, pullovers, sweatshirts waistcoats (vests) and similar articles, knitted or crocheted (con): Of man-made fibers: Other: Other: Other: Other: Other: Women’s or girls’: Other.” |
| Reason: The gel packs shouldn't be classified separately and are instead part of a set. CBP said the vest imparts the essential character of the merchandise and therefore the set is classifiable under that subheading, it said. |
| Proposed for revocation: NY N259445 (2014) |
| Proposed new ruling: HQ H283055 |
Boys' Shirt and Tie Sets
| Item: Shirt and tie set cut and sewn in El Salvador. |
| Current: Eligible for duty-free entry under Caribbean Basin Trade Partnership Act (CBTPA) but not Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA). |
| Proposed: Eligible for duty-free treatment under CBTPA if entered on or before March 1, 2006, but not for duty-free entry under DR-CAFTA. |
| Reason: El Salvador was removed from the enumeration of designated beneficiary countries under the CBERA and the CBTPA when DR-CAFTA entered into force with respect to El Salvador on March 1, 2006. The imported merchandise in question was entered before and after March 1, 2006. As such, only entries on or before March 1, 2006, are eligible for duty-free treatment under the CBTPA. |
| Proposed for modification: HQ H022665 (2009) |
| Proposed new ruling: HQ H263569 |