Nov. 14 CBP Bulletin Proposes to Modify, Revoke Rulings on Clothes for Handicapped, Articles of Soapstone
In the Nov. 14 Customs Bulletin (Vol. 52, No. 46), CBP published notices that propose to revoke rulings and similar treatment for clothes for the handicapped and articles of soapstone or steatite.
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Comments on Proposals Due Dec. 14
CBP said consideration will be given to any written comments received by Dec.14 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.
Men's Woven Shirt and Men's Woven Suit
| Item: Men's shirt and suit with magnetic closures. |
| Current: 9817.00.96, Free, “Other articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons.” |
| Proposed: Not eligible for duty-free treatment under subheading 9817.00.96 |
| Reason: The clothing is not specially designed or adapted for the use or benefit of a specific class of persons, i.e., the handicapped, to an extent greater than for the use or benefit of the general public, CBP said. The use of magnets does not cause this article to be easily distinguishable from articles useful to non-handicapped persons. |
| Proposed for modification: NY N278872 (2016), NY N282688 (2017) |
| Proposed new ruling: HQ H300625 |
Articles of Soapstone or Steatite
| Item: Whiskey rocks and other products made of soapstone or steatite. |
| Current: 7116.20.4000, 10.5%, “Articles of natural or cultured pearls, precious or semi-precious stones (natural, synthetic or reconstructed): Of precious or semiprecious stones (natural, synthetic or reconstructed): Other: Of semiprecious stones (except rock crystal): Other.” |
| Proposed: 6802.99.00, 6.5%, “Worked monumental or building stone (except slate) and articles thereof, other than goods of heading 6801; mosaic cubes and the like, of natural stone (including slate), whether or not on a backing; artificially colored granules, chippings and powder, of natural stone (including slate): Other: Other stone.” |
| Reason: Prior to March 2012, the Annex to the explanatory notes to Chapter 71 listed soapstone and steatite as precious or semiprecious stone. Those references have since been deleted and the EN to heading 71.03 excludes steatite. Soapstone is a variety of steatite, CBP said. |
| Proposed for revocation: NY N259445 (2013), HQ 958353 (1995), NY 811379 (1995), NY 811779 (1995) NY B86726 (1997), NY H80981 (2001), NY N063856 (2009), NY N156155 (2011), and NY N156975 (2011). |
| Proposed new ruling: HQ H250466 |