March 31, 2004 CBP Bulletin Notices on Certain Knit Camisoles and a Set Top Box
In the March 31, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBPBulletin) (Vol. 38, No. 14), CBP issued notices: (a) modifying a classification ruling on certain knit camisoles, and (b) revoking a classification ruling regarding a set top box. 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.
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With respect to this modification and revocation, CBP states that these actions are effective for merchandise entered or withdrawn from warehouse for consumption on or after May 30, 2004.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
Certain Knit Camisoles. At issue are two types of knit camisoles.
CBP is issuing HQ 966807 in order to modify NY J81984 and classify the camisoles under HTS 6109.10.0037 as "women's or girls' underwear of cotton" rather than under HTS 6109.10.0060 as "women's tank tops of cotton."
CBP explains that various factors have been presented in support of classifying the camisoles as underwear, such as: the garments are only offered and sold as underwear; advertisements for the camisoles appear alongside other underwear garments; some of the camisoles are sold with matching underwear; etc.
(See ITT's Online Archives or 01/20/04 news, 04012080, for BP summary of the proposed modification, including a complete description of the camisoles at issue.)
new: 6109.10.0037 (Cat 352), 16.5%; previous: 6109.10.0060 (Cat 339), 16.5%.
Revocation of Classification Ruling
Set Top Box. CBP states that at issue is a set top box (set top terminal) that is equipped with a tuner and is designed to receive both analog (NTSC) and digital (QAM) cable television broadcast signals via a RF cable. CBP states that the box does not incorporate a modem and does not have any Internet capability.
CBP is issuing HQ 966799 in order to revoke NY G82574 and classify the box under HTS 8528.12.9700 as "other reception apparatus for television, etc." rather than under HTS 8528.12.9200 which provides for "other set top boxes which have a communications function."
CBP explains that, among other considerations, the box is designed only for cable television reception, and it does not have a modem or any other means to gain access to the Internet. Without access to the Internet, the box does not satisfy Information Technology Agreement (ITA) requirements of a "set top box which has a communications function."
(See ITT's Online Archives or 02/10/04 news, 04021045, for BP summary of the proposed revocation, including a complete description of the set top box.)
new: 8528.12.9700, 5%; previous: 8528.12.9200, duty-free.
March 31, 2004 CBP Bulletin (Vol. 38, No. 14) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_03312004_no14/