April 13 CBP Bulletin Notices on 4 Proposed Ruling Actions
In the April 13, 2010 issue of the U.S. Customs and Border Protection Bulletin (Vol. 45, No. 16), CBP published three notices that propose to modify or revoke four rulings. The rulings are on 9802 eligibility for men’s and girl’s pullovers screen printed in Mexico after assembly, 9801 eligibility for electric scent/heater diffusers repackaged in Mexico, and the NAFTA preference override for the marking of monofilament fishing line processed in Mexico.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
Comments on Proposed Rulings due May 13
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 May 13, 2011, 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 this notice.
Proposed Revocations and Modifications
CBP states that these proposed modifications and revocations cover the below rulings, and any rulings on these products 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.
Men’s Screen Printed Shirt
| Item: Men’s knit garments where back panel is screen printed in Mexico after garment’s assembly. |
| Current: 9802.00.90, Free (for components not screen printed), and 6109.90.1049, 32% and 6109.10.0027, 16.5% (for components screen printed) |
| Proposed 9802.00.90, Free (entire garment) |
| Reason: CBP would interpret the “in whole or in part” language of 9802.00.90 to mean that only some of the components need to satisfy requirements for whole garment to receive duty exemption. |
| Proposed for modification: NY N041522 Proposed new ruling: HQ H125795 |
Girl’s Screen Printed Pullover
| Item: Girls’ pullovers screen printed after assembly in Mexico |
| Current: 6110.20.2079 (16.5%) |
| Proposed: 9802.00.80 (components not screen printed) and 6110.20.2079, 16.5% (components screen printed) |
| Reason: CBP would interpret the “in whole or in part” language of 9802.00.80 to mean that only the components that meet all requirements receive the duty exemption. |
| Proposed for modification: HQ H047557 Proposed new ruling: HQ H113355 |
Electric Scent Heater/Diffuser
| Item: Electric scent heater/diffuser is imported from China, duty is paid, and goods are exported to Mexico for packaging with a scent bulb. |
| Current: 8516.79.0000, 2.7% (heater/ diffuser w/scent bulb) |
| Proposed: 9801.00.20, Free (heater/diffuser), and 8516.79.0000, 2.7% (bulb) |
| Reason: Repackaging w/bulb does not affect its eligibility for 9801.00.20 upon reimportation into U.S. Origin marking is “China.” |
| Proposed for modification: NY N077738 Proposed new ruling: HQ H090975 |
Monafilament Fishing Line
| Item: Monafilament fishing line from Germany exported to Mexico for respooling and repackaging. |
| Current: Country of origin is Germany for marking |
| Proposed: Country of origin is Mexico for marking |
| Reason: origin marking is Mexico due to NAFTA preference override. |
| Proposed for revocation: NY G81433 Proposed new ruling: HQ H086568 |
(These are the first proposed ruling changes published by CBP in over 9 months. See ITT’s Online Archives or 02/14/11 news, 11021430, for most recent BP summary on this issue.)
(Most of the tariff numbers and duty rates listed as "Current" are from the original ruling listed in the Bulletin.)