March 31, 2004 CBP Bulletin Notices on the 33 rd Session of the Harmonized System Committee and Blackout Drapery Fabrics
In the March 31, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 38, No. 14), CBP issued notices (a) detailing the dates and draft agenda for the 33rd Session of the Harmonized System Committee, and (b) revoking two classification rulings on blackout drapery fabrics. CBP states that it is also revoking any treatment it has previously accorded to substantially identical transactions that are contrary to its position in the revocation notice.
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With respect to the revocations, CBP states that these actions are effective for merchandise entered or withdrawn from warehouse for consumption on or after May 30, 2004.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 the revocation notice covers any rulings on the subject merchandise that may exist but have not been specifically identified.
Dates and Draft Agenda for the 33rd Harmonized System Committee Session
CBP has published a notice setting forth the dates and draft agenda for the 33rd Session of the Harmonized System Committee (HSC) of the World Customs Organization (WCO), which will be held from May 6-19, 2004 in Brussels, Belgium.
(CBP states that, among other things, the HSC (1) issues classification decisions on the interpretation of the Harmonized System in the form of published tariff classification opinions or amendments to the Explanatory Notes (ENs), and (2) considers amendments to the legal text of the Harmonized System.)
The draft list of agenda items includes (partial list):
classification of a handbag made of plastic-coated leather;
classification of a mixture of derivatives of vitamins;
possible amendment of the ENs with regard to padded waistcoats; and
possible amendments of the ENs arising from the classification of the "Palm V" presented as a set with cradle and installation software by application of General Rule of Interpretation (GRI) 3(b).
CBP states that copies of available agenda-item documents may be obtained from either CBP or the International Trade Commission (ITC).
Revocation of Two Classification Rulings
Blackout Drapery Fabrics. At issue are two samples of Blackout and Budget Blackout Draperies that are described as made of a base cloth of 70% polyester/30% cotton construction and have a rubber-like backing on the back with an acrylic coating and 100% cotton flocking.
CBP is issuing HQ 967030 and HQ 966508 in order to revoke NY H81427 and HQ 965343, respectively, and reclassify these fabrics under HTS 5907.00.6000, which provides for "other textile fabrics of man-made fibers (MMF) otherwise impregnated, coated or covered, etc." rather than under HTS 5903.90.2500, which provides for "other textile fabrics of MMF not over 70% by weight of rubber or plastics which are impregnated, coated, covered or laminated with plastics other than those of HTS 5902."
CBP explains that because the fabrics at issue are constructed of a woven fabric, covered with a cellular plastic, which is itself covered on the outside surface with cotton flocking fibers, the fabrics meet the description of a textile fabric otherwise impregnated, covered or coated of HTS 5907. In addition, CBP states it is the fabric component of the blackout draperies that determines their classification, not the coating or flocking. In this case, the draperies are classified under HTS 5907.00.6000, the provision for such textile fabrics of MMF fabrics as their textile component is 70% polyester.
(See ITT's Online Archives or 02/09/04 news, 04020935, for BP summary of proposed HQ 966508, including a complete description of the drapery fabrics. Subscribers should note that in its proposed revocation notice, CBP had only proposed HQ 966508; however, this revocation notice reflects that two rulings, HQ 967030 andHQ 966508, have been issued.)
new: 5907.00.6000 (Cat 229), duty-free; previous: 5903.90.2500 (Cat 229), 7.5%.
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/