Feb. 27 CBP Bulletin Proposes to Modify Rulings on Dry Suits, Reagent Kits
In the Feb. 27 issue of the U.S. Customs and Border Protection Bulletin (Vol. 47, No. 10), CBP published two notices that propose to modify rulings and similar treatment regarding the tariff classification of dry suits and reagent kits.
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Comments on Proposed Revocations Due March 29
CBP said consideration will be given to any written comments received by March 29 before taking this action. In addition, any party who has received a ruling or decision on the merchandise that is subject to the proposed revocations, or any party involved with a substantially identical transaction, should advise CBP by the date that written comments on the proposed ruling are due. (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 agents for importations subsequent to the effective date of the final decision in this notice.)
Proposed Revocations
CBP is proposing modify the rulings below, and any rulings on these products that may exist but have not been specifically identified. CBP is also proposing to revoke or modify any treatment it has previously accorded to substantially identical transactions.
Wet Suits
| Item: Wet suits. A unisex coverall garment designed for over-water and waterborne tactical operation teams. Garments are made of several components, which are cut, sewn, and assembled into a finished garment in Canada. CBP determined that this product was not eligible for NAFTA preferential treatment, because it did not satisfy the required tariff shift. |
| Current: 6211.43.0010, 16% (Track suits, ski-suits and swimwear, other garments: other garments, women’s or girls’: of man-made fibers, coveralls, jumpsuits and similar apparel: other: women’s.) Not eligible for NAFTA preferential treatment. |
| Proposed: 6210.50.50, 7.1% (Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other women’s or girls’ garments: Of man-made fibers: Other.) Eligible for NAFTA preferential treatment. |
| Reason: CBP found an outside plastic layer is in fact visible to the naked eye through the knit polyester layer. That layer was previously excluded from the classification because it couldn't be seen with the naked eye. Because the outer shell fabric is a plastic laminated textile fabric, in which the plastic layer is visible to the naked eye, it is properly classified under heading 5903. The product now meets the requirements of NAFTA preferential treatment because the outer layer, now considered to be classified under heading 5903, shifts from 5903 to heading 6210, as required under General Note 12(t)/62. |
| Proposed for modification: NY N068477 (2009) |
| Proposed new ruling: HQ H073928 |
Reagent Kits
| Item: Reagent Kit IM 1579 RIA Free T3, This kit contains Ligand coated tubes and is radioactive labeled monoclonal antibody in bovine serum albumin and dye. It is used for the quantitative determination of triiodothyronine (T3) in human serum by the principle of the competitive protein binding analysis. |
| Current: 3002.10.01, Free, (Antisera and other blood fractions and modified immunological products, whether or not obtained by means of biotechnological processes) |
| Proposed: 2844.40.00, Free, (Radioactive chemical elements and radioactive isotopes (including the fissile or fertile chemical elements and isotopes) and their compounds; mixtures and residues containing these products: Radioactive elements and isotopes and compounds other than those of subheadings 2844.10, 2844.20, and 2844.30; alloys, dispersions (including cermets), ceramic products and mixtures containing these elements, isotopes or compounds; radioactive residues) |
| Reason: CBP says the I-labeled monoclonal antibody, which gives the kit the essential character, was misclassified. The antibody is contained in a dispersion of bovine serum albumin, sodium azide and a dye having a specific radioactivity exceeding 74 becquerels per gram, which meets the terms of Chapter 28 note 6(d). |
| Proposed for modification: NY N019762 (2010) |
| Proposed new ruling: HQ H035574 |