July 1 CBP Bulletin Proposes to Revoke Rulings on Footwear from China, Phone Kits
In the July 1 issue of the CBP Customs Bulletin (Vol. 49, No. 26) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for the tariff classification of footwear from China and mobile phone kits.
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Comments on Proposals Due July 31
CBP said consideration will be given to any written comments received by July 31 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.
Footwear
| Item: Three styles of slip-on footwear from China |
| Current: 6402.99.3165, 6%, (Other footwear with outer soles and uppers of rubber or plastics: Other footwear: Other: Other: Having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements such as those mentioned in note 4(a) to this chapter) is rubber or plastics (except footwear having a foxing or a foxing-like band applied or molded at the sole and overlapping the upper and except footwear designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather): Other: Other: Other: For women: Other.) or 6404.19.3960, 37.5%, (footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: footwear with outer soles of rubber or plastics: not sports footwear; footwear not designed to be a protection against cold or inclement weather; footwear of the slip-on type; footwear that is not less than 10 percent by weight of rubber or plastics; other: other: for women.) |
| Proposed: 6402.99.80, $.90/pr + 20% , (Other footwear with outer soles and uppers of rubber or plastics: Other footwear: Other: Other: Other: Other: Valued over $6.50 but not over $12/ pair.) or 6404.19.89, $.90/pair + 20%, (Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: Footwear with outer soles of rubber or plastics: Other: Other: Valued over $6.50 but not over $12/pair: Other) |
| Reason: The issue is whether the footwear in question is constructed with foxing-like bands, said CBP. An examination of sample footwear reveals that the styles of footwear at issue have molded rubber/plastics outer soles that overlap the uppers by 1/4 inch, or more, measured on a vertical plane. The overlap also substantially encircles the perimeter of the shoe. Accordingly, the instant footwear is constructed with foxing-like bands. |
| Proposed for modification: NY N219385 (2012) |
| Proposed new ruling: HQ H237647 |
Mobile Phone Kits
| Item: Mobile phone components, accessories, and point of sale packing material imported in bulk in separate shipping boxes at the time of entry and subsequently assembled together into retail mobile phone kits immediately after entry into the United States. |
| Current: 8517.12.0050, Free, (Telephones for cellular networks or for other wireless networks: Other radio telephones designed for the public cellular Radiotelecommunication service.) |
| Proposed: Each component classified separately |
| Reason: The mobile phone kit components are not “goods put up in sets for retail sale.” The instant kit components are not put up in a manner suitable for sale directly to users without repacking. Instead, the various components are all packaged separately and in bulk at the time of importation. Only after importation are the components repacked for sale directly to consumers |
| Proposed for revocation: N049055 (2009) |
| Proposed new ruling: HQ H149977 |