New Set of Amendments to Harmonized System Explanatory Notes (Part IV)
The World Customs Organization (WCO) has issued an amending supplement (No. 4, dated August 2003) to the Harmonized System Explanatory Notes (ENs). (Although not binding on U.S. Customs and Border Protection (CBP), the ENs are followed by CBP whenever possible.) (This is Part IV of a multi-part series of summaries on this amending supplement. See future issues of ITT for additional summaries.)
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The following outlines these amendments to the ENs:
1. Textile Fabrics, Felt and Nonwovens in HS 4008
Amends item (A) in the ENs to HS 4008 by inserting a new phrase and deleting a phrase in the first paragraph (new phrases are denoted with *, the deleted phrase is denoted with <>): "Plates, sheets and strip of cellular rubber combined with *textile fabrics (as defined in Note 1 to Chapter 59)*, felt or nonwovens, <knitted or crocheted fabric or other textile fabric,> provided that these textile materials are present merely for reinforcing purposes."
In the second paragraph of item (A), a new phrase is also added to the first sentence: "In this respect, unfigured, unbleached, bleached, or uniformly dyed textile fabrics, *felt or nonwovens* when applied to one face only of these plates, sheets or strip, are regarded as serving merely for reinforcing purposes."
2. Hides and Skins in Chapter 41
In the 'General' Section of Chapter 41, amends Part (I) "Raw hides (the skins of the larger quadrupeds) and skins (other than birdskins with their feathers or down and furskins) (headings 41.01 to 41.03)." by adding a new second paragraph to read: "Before undergoing tanning, hides and skins are first subjected to a series of preparatory processes, which consist of soaking them in alkaline solutions (to soften them and remove any salt used for preservation), dehairing and defleshing ("fleshing"), then removing the lime and other substances used in dehairing, and finally rinsing."
In addition the paragraph below this new paragraph is amended in the first sentence by replacing the phrase "light tanning" with the new phrase "reversible tanning". At the end of the first sentence, the words "which is reversible" are deleted. In the third sentence, a new phrase is inserted (new phrase is denoted with *): "Hides and skins thus processed *require further tanning before finishing and* are not considered products of headings 41.04 and 41.06."
Amends Part (II) "Hides and skins which have been tanned or crusted but not further prepared (headings 41.04 to 41.06)." The text of Part (II) is amended to read: "Tanning renders the hides and skins resistant to decay, and increases their impermeability to water. Tannins penetrate into the hide structure and form crosslinks with the collagen. This is an irreversible chemical reaction, which gives the resultant product stability against heat, light or perspiration and makes a hide or skin mouldable and usable."
(The text of Part (II) had previously stated: "Tanning renders the hides and skins resistant to decay, and increases their physical strength and impermeability to water. Before undergoing tanning proper, hides and skins are first subjected to a series of preparatory processes, which consist of soaking them in alkaline solutions (to soften them and remove any salt used for preservation), dehairing and defleshing ("fleshing"), then removing the lime and other substances used in dehairing and finally rinsing.")
3. Women's or Girls' Suits in HS 6104
Amends the ENs to HS 6104 by inserting new second and third paragraphs below the list of six digit HS numbers. These new paragraphs read as follows: "All of the components of a women's or girls' "suit" must be of the same fabric construction, colour and composition; they must also be of the same style and of corresponding or compatible size. However, these components may have piping (a strip of fabric sewn into the seam) in a different fabric.
If several separate components to cover the lower part of the body are presented together (e.g. a skirt or divided skirt and trousers), the constituent lower part shall be the skirt or divided skirt, the other garments being considered separately."
(Subscribers should note that these newly added paragraphs are similar to some of the guidance provided in HTS Chapter 61 Note 3(a).)
(See ITT's Online Archives or 03/26/04 news, (Ref:04032635), for BP summary of Part IIII. See ITT's Online Archives or 06/13/03 news, (Ref:03061330), for the final part of BP's summary of the February 2003 amendments to the ENs.)
Information about the Harmonized System is available on the WCO's Web site athttp://www.wcoomd.org/ie/En/Topics_Issues/topics_issues.html
EN amendments available at
http://www.wcoomd.org/ie/En/Topics_Issues/HarmonizedSystem/ENHS31E