July 29 CBP Bulletin Proposes to Revoke Rulings on Triathlon Shorts, Sandals
In the July 29 issue of the CBP Customs Bulletin (Vol. 49, No. 30) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for the tariff classification of racing shorts and footwear.
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Comments on Proposals Due Aug. 28
CBP said consideration will be given to any written comments received by Aug. 28 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.
Triathlon Shorts
| Item: A ladies’ pull-on knit short. The main body is 90 percent nylon 10 percent spandex and the side panels are 87 percent polyester, 13 percent spandex. The short features a full elasticized waistband with a drawstring, hemmed leg openings and a lightly padded crotch. |
| Current: 6104.63.2006, 28.2%, (Women’s shorts (other than swimwear): Knitted or crocheted: Of synthetic fibers: other: other: shorts: women’s.) |
| Proposed: 6114.30.3070, 14.9%, (Other garments, knitted or crocheted: Of man-made fibers: Other, Other: Women’s or girls’.) |
| Reason: The subject garment is specifically designed for the triathlon events that include swimming, bicycling and running. The instant garment includes a fully elasticized waist through which a drawstring is threaded, a feature found in swim trunks. It also includes a padded crotch and seat area, which is a feature found in cycle shorts. These features, along with the condition of the padding, demonstrate that the garment meets the needs of all three events, without unnecessarily impeding any one triathlon event. The chamois insert’s purpose is functional (i.e., to prevent chafing, to provide cushioning, and to absorb sweat), and that the design of the shorts is such that it renders them impractical for use as fashion shorts of heading 6104, said CBP. Additionally, the chamois insert has been designed to be clearly visible on the outside of the garment, creating an unsightly and unseemly bulge such that the item would not be worn for casual wear, it said. |
| Proposed for revocation: NY N007456 (2007) |
| Proposed new ruling: HQ H039658 |
Sandals
| Item: A pair of men’s open toe/heel flip-flop thong sandals with rubber or plastics outer soles. |
| Current: 6404.19.3940, 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: other: footwear with open toes or open heels; footwear that is more than 10 percent by weight of rubber or plastics; other: other: for men.) |
| Proposed: 6404.19.1520, 10.5%, ([f]ootwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: [f]ootwear with outer soles of rubber or plastics]: [o]ther: [f]ootwear having uppers of which over 50 percent of the external surface area (including any leather accessories or reinforcements such as those mentioned in note 4(a) to this chapter) is leather: [f]or men.) |
| Reason: CBP said the leather component is considered to be an accessory or reinforcement is included in the external surface area requirement. |
| Proposed for revocation: NY N212500 (2012) |
| Proposed new ruling: HQ H219215 |