February 11, 2004 CBP Bulletin Notices on Certain Aluminum Compounds & Salt, Certain Electronic Hang Tags, and Men's Swimwear
In the February 11, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 38, No. 7), CBP issued notices: (a) proposing to revoke two classification rulings on certain aluminum compounds and salt, (b) modifying or revoking three classification rulings on certain electronic hang tags, and (c) modifying or revoking classification rulings on men's swimwear. CBP states that it is also revoking, or proposing to revoke, any treatment it has previously accorded to substantially identical transactions that are contrary to its position in these notices.
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With respect to the revocations and modifications, CBP states that these actions are effective for merchandise entered or withdrawn from warehouse for consumption on or after April 11, 2004.
CBP states that any party who has received a contrary ruling or decision on the merchandise that is subject to the proposed revocations, or any party involved with a substantially identical transaction, should advise CBP by March 12, 2004, the date that written comments on the proposed rulings are due. Furthermore, CBP states that 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 agent for importations subsequent to the effective date of the final decision in these notices.
CBP also states that these notices cover any rulings on the subject merchandise that may exist but have not been specifically identified.
Proposed Revocation of Two Classification Rulings
Certain Aluminum Compounds and Salt. According to CBP, at issue in these proposed revocations are the following:
| proposed HQ 966773: | |
| (A) bis [4-(1,1-dimethylethyl) benzoato-o] hydroxy aluminum | CAS 13170-05-3 |
| (B) AL-PTBBA | CAS 4067-14-5 |
| proposed HQ 966774: | |
| (C) Bismethylethylbenzoatohydroxy aluminum | CAS 13170-05-3 |
| (D) para-t-Butylbenzoic acid aluminum salt | CAS 4067-14-5 |
CBP is proposing to issue HQ 966773 in order to revoke NY 867971 and i) classify A and all other substances assigned its CAS number under HTS 2916.39.4500 which provides for other products described in Additional U.S. Note (AUSN) 3 to Section VI, and (ii) classify B and all other substances assigned its CAS number under HTS 2916.39.7500 which provides for other aromatic monocarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives; rather than classifying both under HTS 2916.39.4500.
CBP is also proposing to issue HQ 966774 in order to revoke NY B80857 and i) classify C under HTS 2916.39.4500 and ii) classify D under HTS 2916.39.7500, rather than classifying both under HTS 2916.39.4500.
CBP states that these corrections are proposed because in NY 867971 only one substance was identified when there were actually two, and in NY B80857, one of the chemical names used was not assigned the CAS number used therein.
| proposed: | 2916.39.4500, 6.5% | (A) and (C) |
| 2916.39.7500, 6.5% | (B) and (D) | |
| current: | 2916.39.4500, 6.5% | all |
Modification and Revocation of Three Classification Rulings
Certain Electronic Hang Tags. At issue are three types of electronic hang tags.
CBP is issuing HQ 966784, HQ 966785, and HQ 966786 in order to modify NY 801735 and revoke NY C80921 and NY H83244, respectively, to reclassify the electronic hang tags at issue under HTS 8543.81.0000 as proximity cards and tags rather than under 8531.90.9000 which provides for other parts of electric sound or visual signaling apparatus other than those of heading 8512 or 8530, etc.
According to CBP, it finds that the subject electronic hang tags are not of the class or kind of goods described in HTS 8531 and Explanatory Note (EN) 85.31, and are not among the goods enumerated in EN 85.31. Therefore, CBP finds that they are not described in HTS 8531. Instead, CBP states that the electronic hang tags are, in essence, electronic proximity tags as described in EN 85.43 and in HTS 8543, and are classified in HTS 8543.81.0000.
(See ITT's Online Archives or 11/24/03 news, 03112450, for BP summary of the proposed rulings, including a complete description of the electronic hang tags.)
new: 8543.81.0000, duty-free; previous: 8531.90.9000, 1.3%.
Modification of Classification Ruling
Men's Swimwear. At issue is a pair of men's shorts, Style S3S-A1, made of 100% woven nylon fabric with an inner lining of knit mesh fabric.
CBP is issuing HQ 966759 in order to modify NY I80536 and classify the subject men's swimwear under HTS 6211.11.1010 as men's swimwear of man-made fibers rather than under HTS 6203.43.4030 as other men's shorts.
CBP explains the garment's features indicate that it has been designed principally for swimming and thus qualifies as men's swimwear in HTS 6211.11.1010.
( Although CBP had proposed to revoke NY 184257, and CBP now states it is issuing HQ 966760 in order to revoke NY I84257, HQ 966760 appears to have been omitted from CBP's notice. BP is checking with CBP sources regarding the status of HQ 966760.)
(See ITT's Online Archives or 12/17/03 news, 03121750, for BP summary of the proposed ruling, including a complete description of the men's swimwear.)
new: 6211.11.1010 (Cat 659), 27.8%; previous: 6203.43.4030 (Cat 647), 27.9%.
February 11, 2004 CBP Bulletin (Vol. 38, No. 7) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol.38_02112004_no7/