June 10 CBP Bulletin Proposes to Revoke Rulings on Footwear, Planters
In the June 10 issue of the CBP Customs Bulletin (Vol. 49, No. 23) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for the tariff classification of footwear and planters made from coconut fibres.
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Comments on Proposals Due July 10
CBP said consideration will be given to any written comments received by July 10 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 modifications, 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.)
Proposals
CBP is proposing to revoke or 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 any treatment it has previously accorded to substantially identical transactions.
Women's Shoes
| Item: A women’s low-cut lace-up athletic shoe with a rubber or plastics outer sole and a predominately coated leather upper (52%) that is thick enough to change the external surface appearance from leather to plastic |
| Current: 6402.99.90, 20%, (Other footwear with outer soles and uppers of rubber or plastics: Other footwear: Other: Other: Other: Other: Valued over $12/pair.) |
| Proposed: 6403.99.90, 10%, (Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather: Other footwear: Other: Other: Other: Other: For other persons: Valued over $2.50/pair.) |
| Reason: As explained in the explanatory notes, the plastic coating found on the uppers should not be considered and the constituent material of the upper having the greatest external surface area is leather. The current heading does not cover footwear with leather uppers. |
| Proposed for modification: NY N252090 (2014) |
| Proposed new ruling: HQ H260547 |
Planters Made of Coconut Fibres
| Item: Container used for planting potted or hanging plants, constructed from coconut fibers (coir). The fibers are formed into a hollow cylindrical shape with a bottom, including a drain hole. To form the fibers into a shape, Vaseline and clay are added. |
| Current: 5305.00.0000, Free, (Coconut and other vegetable textile fibers, not elsewhere specified or included, raw or processed but not spun.) |
| Proposed: 9602.00.50, 2.7%, (Worked vegetable or mineral carving material and articles of these materials; molded or carved articles of wax, of stearin, of natural gums or natural resins, of modeling pastes, and other molded or carved articles, not elsewhere specified or included; worked, unhardened gelatin (except gelatin of heading 3503) and articles of unhardened gelatin.) |
| Reason: Even though the instant products contain vegetable matter, they are more specifically described by the manner in which this material is worked, said CBP. |
| Proposed for revocation: NY N020080 (2007), NY N010591 (2007) |
| Proposed new ruling: HQ H122355 |