Oct. 28 CBP Bulletin Proposes to Modify Rulings on Play Tables, Women's Suits
In the Oct. 28 issue of the CBP Customs Bulletin (Vol. 49, No. 43) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for play tables for babies and women's suits.
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Comments on Proposals Due Nov. 27
CBP said consideration will be given to any written comments received by Nov. 27 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.
Play Tables
| Item: Play table for babies. |
| Current:9401.80.4045, Free, (Seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: Other seats: Of rubber or plastic: Other; Other. .) |
| Proposed: 9503.00.0071 , Free, ([T]ricycles, scooters, pedal cars and similar wheeled toys; dolls’ carriages; dolls, other toys; reduced-scale (“scale”) models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof... Other: Labeled for use by persons under 3 years of age.) |
| Reason: The essential character shouldn't be based on the swivel chair in the center, said CBP. The chair is detachable and may be removed once the child outgrows the manufacturer’s weight and height limits. Thus, the chair’s use is limited to the age and weight limits specified by the manufacturer (4 months and approximately 25 pounds). Unlike the chair, the table can be used alone, which is an attractive selling point to the ultimate purchaser, as parents get longer use out of the entertainer. |
| Proposed for revocation: NY N074173 (2009) |
| Proposed new ruling: HQ H166336 |
Women's suits
| Item: Women’s suit jackets and pants. |
| Current: 6204.33.5010, 27.3%, (Women’s or girls’, suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): suit-type jackets and blazers: of synthetic fibers: other: women’s.) and 6204.63.3510, 28.6%, (Women’s or girls; suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: other: other: other: other: other: trousers and breeches: women’s.) |
| Proposed: 6204.13.20.10, 35.3¢/kg + 25.9% (“Women’s or girl’s suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts: Suits: Of Synthetic Fibers: Other: Women’s.”) |
| Reason: The components of each style are of the same fabric construction, style, color. The merchandise is better classified as suits rather than separately. |
| Proposed for modification: NY N086736 (2009), NY N086592 (2009) |
| Proposed new ruling: HQ H110416 |