March 31, 2010 CBP Bulletin Notices on 4 Proposed Ruling Modifications/Revocations
In the March 31, 2010 issue of the U.S. Customs and Border Protection Bulletin (Vol. 44, No. 14), CBP published notices regarding preference program or Chapter 98 eligibility of the products described below.
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Proposed Revocations and Modifications
CBP states that any party who has received a ruling or decision on the merchandise that is subject to the proposed revocations or modifications, or any party involved with a substantially identical transaction, should advise CBP by April 30, 2010, 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 proposed actions cover any rulings on this merchandise that may exist but have not been specifically identified. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
| Current Ruling | Issue/Description | Proposal |
|---|---|---|
| HQ 562035 HQ 562526 (proposed revocations) | Double substantial transformation of jewelry for GSP duty-free treatment. Gold and silver jewelry, where the gold or silver is made from metal mixtures - either silver and copper mixed to form sterling silver, or gold mixed with alloy metals. | CBP incorrectly ruled that such jewelry was GSP ineligible. CBP would correct these two rulings to indicate the jewelry is eligible for GSP duty-free treatment as the items undergo a double substantial transformation. |
| HQ H055815 (proposed modification) | Handicapped, duty-free eligibility under 9817.00.96 for high-rise toilets. Non-ADA vitreous china toilet bowls/toilets with a rim height just over 17 inches, primarily used in public lavatories, but some residential use. | Although they are used by non-handicapped persons, CBP is now of the view that such bowls/toilets with a bowl rim height of 17 inches or more are "specially designed and adapted" for handicapped persons and would be duty-free under 9817.00.96. |
| NY L84806 (proposed modification) | CBTPA duty-free eligibility of men's shirt and tie set. The yarns in the shirt are spun in China & then woven into fabric that is dyed in China. The fabric is then sent to Dom Rep to be cut and sewn into men's shirts. The coordinating tie is made in South Korea from Korean yarn and fabric. | While the shirt and tie set would continue to be ineligible for CBTPA duty-free treatment, CBP's analysis for this would be corrected to state that eligibility under Subheading rule (c) to GN 12(t)(30) for shirts made of fabrics of 5210.21 or 5210.31 - could not be determined as information was not submitted regarding the shirt's fabric weight, which is needed to determine the average yarn number. (NY L84806 incorrectly states that the foreign fabric tie made the set CBTPA ineligible.) |
| NY L86713 (proposed revocation) | CBTPA duty-free eligibility of girls' skirt and jumper garments. The garment shells are made of cotton velveteen fabric from China as is the polyester lining. The polyester netting extensions and belt fabric are from Taiwan. The material is sent to Guatemala where it is cut and sewn into completed garments. | While these garments would continue to be CBTPA eligible under 9820.11.24, as they meet the requirements of the NAFTA short supply provision due to their cotton velveteen garment shells, the reasoning in NY L86713 would be corrected to indicate this conclusion is based on Note 2 to Chapter 62 of GN 12(t), and not GN 12(t) for 6204.52 and 6211.42. |
CBP Bulletin (dated 03/31/10) available at http://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2010/vol44_03312010_no14/