June 24 CBP Bulletin Proposes to Revoke Rulings on Coated Fabric, Doll Pens
In the June 24 issue of the CBP Customs Bulletin (Vol. 49, No. 25) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for the tariff classification of coated fabric and doll pens.
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Comments on Proposals Due July 24
CBP said consideration will be given to any written comments received by July 24 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.
Coated Fabric
| Item: A plastic coated upholstery material with a four layer construction. The top outer layer consists of compact polyurethane that has been printed and embossed to simulate leather. The second layer is cellular polyurethane. The third layer is a woven fabric of 70 percent polyester/30 percent cotton fibers. The backing layer is leather scrap that is flocked onto the textile fabric. |
| Current: 5903.20.2500, 7.5%, (textile fabrics impregnated, coated, covered or laminated, with plastics, with polyurethane, of man-made fibers, not over 70 percent by weight of rubber or plastics.) |
| Proposed: 3921.13.1500, 6.5%, (“Other plates, sheets, film, foil and strip, of plastics: Cellular: Of polyurethanes: Combined with textile materials: Products with textile components in which man-made fibers predominate by weight over any other single textile fiber: Other.) |
| Reason: The woven fabric is present merely for reinforcing purposes because it forms an interior layer and is completely obscured. The merchandise is therefore excluded from Chapter 39. |
| Proposed for modification: NY N216578 (2013) |
| Proposed new ruling: HQ H256889 |
Doll Pens
| Item: A ball point pen in which the body of the pen is in the shape and form of a football player made of molded plastic. The top of the football player figure has a removable helmet. There is no face under the helmet but only a plastic extension over which the helmet is fitted. The figure has two articulated arms, one on each side of the figure, and has a painted red jersey with the number 13 printed on it. The bottom portion of the figure has painted white pants in which there is a vertical indented line that is designed to distinguish two legs. At the very bottom is a silver tip through which the writing end of the ball point pen cartridge extends. |
| Current: 9608.10.0000, 5.3% plus 0.8 cents each, (ball point pens.) |
| Proposed: 9503.00.00, Free, (Dolls, other toys.) |
| Reason: The doll plays a much larger role than the pen and CBP has previously classified other pens encased inside of dolls as dolls, it said. |
| Proposed for revocation: NY N134676 (2010), NY H81777 (2001), NY H82260 (2001), NY I87007 (2002), and NY J81101 (2003) |
| Proposed new ruling: HQ H149977 |