May 19, 2004 CBP Bulletin Notices on a Miniature Gardening Tool Set and Certain Carbon-Lined Clothing & Carbon-Impregnated Fabric
In the May 19, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBPBulletin) (Vol. 38, No. 21), CBP issued notices: (a) proposing to revoke a classification ruling on a miniature gardening tool set, and (b) proposing to revoke two classification rulings regarding certain carbon-lined clothing and carbon-impregnated fabric. CBP states that it is also 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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CBP states that any party who has received a contrary ruling or decision on the merchandise that is subject to the proposed rulings, or any party involved with a substantially identical transaction, should advise CBP by June 18, 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 Classification Ruling
Miniature Gardening Tool Set. At issue is a 7-piece potting/gardening miniature tool kit with a carry (tote) bag. The kit contains: a trowel, spade, fork/aerator, spring-snipper with lock, spring-pruner with lock, spray mister, and a cotton canvas tote bag.
CBP is proposing to issue HQ 966948 in order to revoke NY G80010 and reclassify the tool set under HTS 8424.20.1000 which provides for "simple piston pump sprays and powder bellows" rather than under HTS 8205.51.3060 which provides for "other household tools (including parts), of iron or steel." (CBP notes that regardless of where the tool set is classified, the tote bag will remain subject to Cat 369 visa and quota requirements.)
CBP states that the tool kit would qualify as a General Rule of Interpretation (GRI) 3(b) set of "goods put up in sets for retail sale" if one of the items in the set imparted the essential character to the set.
However, in accordance with a previous ruling(s), CBP states that no individual tool imparts the essential character to the gardening tool set. As a result, the gardening tool set should be classified pursuant to GRI 3(c), under the heading which occurs last in numerical order among those which equally merit consideration, which in this case is the spray mister that is classified under HTS 8424.20.1000.
proposed: 8424.20.1000, 2.9%; current: 8205.51.3060, 3.7%.
Proposed Revocation of Two Classification Rulings
Certain Carbon-Lined Clothing and Carbon-Impregnated Fabric. At issue in proposed HQ 966422 are an activated carbon-lined "Scentblocker" pullover top (pullover) and stretch waistband pants (pants). The stated purpose of the activated carbon lining is to block the human scent while hunting. CBP notes that any samples of the garments were lost on September 11, 2001. Based on the limited information that CBP currently has, CBP believes that the garments had outer shells of knit textile materials and separate sewn-in linings of carbon-impregnated fabric.
At issue in proposed HQ 966423 is fabric described as laminated and consisting of an outer polyester knit fabric and an inner non-woven fabric impregnated with carbon, for use in manufacturing scent eliminating hunting clothes. CBP notes that any samples of the fabric were also lost on September 11, 2001.
CBP is proposing to issue HQ 966422 and HQ 966423 in order to revoke NY G86317 and NY F83890, respectively, and reclassify the pullover, pants, and fabric in certain chapters of HTS Section XI as "textile and textile articles" rather than under HTS 6815.10.0000 which provides for "nonelectrical articles of graphite or other carbon."
CBP states that as certain previous rulings illustrate, the presence of carbon in an article does not preclude it from being classified in HTS Section XI, if the article's essential character is imparted by its textile component.
(According to CBP, it is unable to provide more specific proposed classifications without samples. Therefore, CBP invites a request for new rulings on the subject merchandise in order to obtain more precise classifications.)
proposed: 6110 (pullover); 6103 (pants); 5907, 5603, or Chapter 60 (fabric).
current: 6815.10.0000, duty-free.
May 19, 2004 CBP Bulletin (Vol. 38, No. 21) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_05192004_no21/