September 8, 2004 CBP Bulletin Notices on Certain DVDs and Certain Nonwoven Man-Made Material for Use in Blood Filtration
In the September 8, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 38, No. 37), CBP issued notices: (a) proposing to revoke a classification ruling on certain DVDs, and (b) revoking a classification ruling on certain nonwoven man-made material for use in blood filtration. 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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CBP states that the revocation is effective for merchandise entered or withdrawn from warehouse for consumption on or after November 7, 2004.
Regarding the proposed revocation, CBP states that any party who has received a contrary ruling or decision on the subject merchandise, or any party involved with a substantially identical transaction, should advise CBP by October 8, 2004, the date that written comments on the proposed ruling 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 this notice.
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
Certain DVDs. The digital versatile discs (DVDs) at issue, entitled "Karaoke DVD Country Party Songs and Teen Hits," are recorded media with the characteristics of instructions, data, sound and image. In use, the DVDs allow the display of performance tracks with music, on-screen text and vocal demonstration tracks.
CBP is proposing to issue HQ 967184 in order to revoke NY K80348 and reclassify the DVDs under HTS 8524.39.8000 as "other discs for laser reading systems" rather than under HTS 8524.39.4000 which provides for "discs for laser reading systems, for reproducing representations of instructions, data, sound, and image, etc."
CBP states that it finds that although the DVDs display performance tracks with music and text, they are not used for reproducing representations of image. By virtue of General Rules of Interpretation (GRIs) 3(a) and 6, CBP states that the DVDs are not accurately described in HTS 8524.39.4000. Instead, the DVDs are completely and specifically described in HTS 8524.39.8000, and should be classified as such.
proposed: 8524.39.8000, 2.7%; current: 8524.39.4000, duty-free.
Revocation of Classification Ruling
Certain Nonwoven Man-Made Material for Use in Blood Filtration. At issue is a nonwoven man-made material whose ultimate use is for leukocyte (white blood cell) reduction in blood filtration systems. The spunbound nonwoven material is imported as piece goods and is manufactured of a melt blow polyester which is considered to be a staple fiber. After importation the material undergoes a process known as "grafting" during which the fabric is exposed to a solution with monomers and solvents and exposed to gamma radiation with subsequent washing and drying.
CBP is issuing HQ 967110 in order to revoke HQ 964255 and reclassify the material, depending on its weight, under (1) HTS 5603.92.0090 as "other nonwovensweighing more than 25 g/m2 but not more than 70 g/m2, other" or under (2) HTS 5603.93.0090 as "other nonwovensweighing more than 70 g/m2 but not more than 150g/m2, other" rather than under HTS 5911.40.0000 which provides for "straining cloth of a kind used in oil presses or the like, including that of human hair."
For the instant case, CBP cites Filmtec Corporation v. U.S., in which it was agreed by the parties that nonwoven textile fabric sheet, imported in rolls and after importation coated to produce a membrane to be used as a filter medium, could not function as a filter medium in its imported condition. The Court of International Trade (CIT) held that because the fabric did not have the essential character of the finished article at importation, it could not fall within HTS 5911.
Accordingly, CBP states that the subject material in its imported condition is classified in HTS 5603 under a GRI 1 analysis. Furthermore, under GRI 3(b), CBP states that the fine polyester microfibers, which are staple fibers, give the nonwoven material its essential character. Therefore, the material is classified under HTS 5603.92.0090 or 5603.93.0090, depending on its weight.
(See ITT's Online Archives or 07/20/04 news, 04072045, for BP summary of the proposed revocation.)
new: 5603.92.0090 (Cat 223), duty-free; 5603.93.0090 (Cat 223), duty-free.
previous: 5911.40.0000, 8%.
September 8, 2004 CBP Bulletin (Vol. 38, No. 37) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_09082004_no37/