December 31, 2003 CBP Bulletin Notices on a Women's Camisole and Certain Hand Tools
In the December 31, 2003 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 38, No. 1), CBP issued notices (a) modifying a classification ruling regarding a women's camisole, and (b) revoking or modifying six classification rulings on certain hand tools. CBP states that it is also revoking any treatment it has previously accorded to substantially identical transactions that are contrary to its position in these notices.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
With respect to these revocations and modifications, CBP states that these actions are effective for merchandise entered or withdrawn from warehouse for consumption on or after February 29, 2004.
CBP also states that these notices cover any rulings on the subject merchandise that may exist but have not been specifically identified.
Modification of Classification Ruling
Women's Camisole. CBP states that the camisole at issue is imported together with a matching bikini panty.
CBP is issuing HQ 966602 in order to modify NY J82451 and reclassify the camisole under HTS 6109.10.0037 which provides for women's or girls' underwear of cotton rather than under HTS 6109.10.0070 which provides for other women's or girl's garments of cotton.
CBP states that it finds, based on design, marketing and advertising information, that the camisole is properly classified as underwear under HTS 6109.10.0037.
(CBP notes that it received a comment pointing out that the "Holding" in proposed HQ 966602 incorrectly stated the quota category for the camisole as 339, and that the correct quota category for the merchandise is 352. According to CBP, the commenter also suggested that CBP reference a recent decision, wherein the court held that camisoles sold with matching underpants were recognized, advertised and sold as underwear and were classified under HTS 6109.10.0037. CBP states that that decision is now cited in HQ 966602.)
(See ITT's Online Archives or 11/14/03 news, 03111445, for BP summary of proposed HQ 966602, including a complete description of the camisole.)
new: 6109.10.0037 (Cat 352), 17%; previous: 6109.10.0070 (Cat 339), 17%.
Revocation and Modification of Six Classification Rulings
Certain Hand Tools. The hand tools under consideration in these five revocations and one modification are a rotary cutter (HQ 966269); rolling scissors (HQ 966655); a three prong hook grasping tool (HQ 966656); a "Scrappin' Tracer" tool (HQ 966657); a hoof pick (HQ 966659); and a paper crimper (HQ 966658).
CBP is issuing HQ 966269, HQ 966655, HQ 966656, HQ 966657, HQ 966659, and HQ 966658 in order to revoke NY I84751, NY I87124, NY I87336, NY I87835, and NY I89237 and modify NY I89087, respectively.
CBP is classifying: the rotary cutter and rolling scissors under HTS 8205.51.30, which provides for other household tools and parts thereof of iron or steel; the three prong hook grasping tool, the "Scrappin' Tracer" tool, and the hoof pick under HTS 8205.59.55, which provides for other handtools and parts thereof of iron or steel; and the paper crimper under HTS 8205.51.6000, which provides for other household tools and parts thereof of aluminum.
Since the essential character of these six articles is determined by their steel or aluminum components, CBP states that the six articles are classified under the HTS numbers described above.
(See ITT's Online Archives or 10/28/03 news, 03102835, for BP summary of the proposed rulings, including complete descriptions of the merchandise at issue.)
new: 8205.51.30 (rotary cutter, rolling scissors), 3.7%; 8205.59.55 (three prong hook grasping tool, "Scrappin' Tracer" tool, hoof pick), 5.3%; 8205.51.6000 (paper crimper), 2.2/kg5%;
previous: 8205.51.7500 (rotary cutter, rolling scissors, paper crimper), 3.7%; 8205.59.8000 (three prong hook grasping tool, "Scrappin' Tracer" tool, hoof pick), 3.7%.
December 31, 2003 CBP Bulletin (Vol. 38, No. 1) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_12312003_no1/