CBP Withdraws Controversial Proposed Ruling Revocation on 50/50 Fiber Blends
CBP decided not to go forward with its proposed ruling revocation on garments with 50/50 blends of fiber (see 1904050037), the agency said in its Dec. 11 Customs Bulletin (Vol 53, No. 45). CBP's proposal involved garments made with 50/50 fiber blends and the basis for classifying such garments. “Upon reconsideration of the matter, CBP has determined that no revocation is appropriate. Accordingly, we have determined that the tariff classification of the garments under consideration in the rulings at issue in the April 3, 2019 Customs Bulletin Notice will remain as determined in those rulings.”
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Generally, 50/50 garments have been classified in the tariff subheading for component material that falls last within that garment's heading. Under the proposal, the tariff classification of the fibers in the 50/50 blend are first considered (e.g., cotton of chapter 52 versus man-made filaments of chapter 54), then the entire garment is classified according to whichever of those constituent fibers in the 50/50 blend is classified last in numerical order. That change was seen as a major shift in classification policy (see 1905020044). “Commenters argued that the proposed revocation was contrary to the sound interpretation of the” Harmonized Tariff Schedule of the U.S., CBP said.