May 18 CBP Bulletin Proposes to Revoke, Modify Rulings on Orthodontic Brackets, Garment Hangers
In the May 4 issue of the CBP Customs Bulletin (Vol. 50, No. 20) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for the country of origin marking of orthodontic brackets and the classification of garment hangers.
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Comments on Proposals Due June 17
CBP said consideration will be given to any written comments received by June 17 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.
Orthodontic brackets
| Item: Orthodontic bracket for use as parts of braces, manufactured in the U.S. and sent to Mexico to be color coded with a variety of colors, with each color designating a specific tooth for which the bracket is designed. The color coded brackets are returned to the U.S. in unmarked tubular containers and repacked in small plastic boxes for sale to the ultimate purchaser. |
| Current: The country of origin for marking and duty purposes is Mexico. |
| Proposed: The country of origin for marking purposes is the United States, and the country of origin for duty purposes is Mexico. |
| Reason: The orthodontic brackets are an originating good under NAFTA and have been determined to be a good of U.S. origin. Therefore, the country of origin for CBP marking purposes is the U.S. Because the orthodontic brackets were returned to the U.S. after having been advanced in value or improved in condition in Mexico, the country of origin of the orthodontic brackets for CBP duty purposes is Mexico |
| Proposed for modification: NY B89079 (1997) |
| Proposed new ruling: HQ H274096 |
Garment Hangers
| Item: Hangers made of black plastic with an integral plastic top hanging hook, imported holding garments. |
| Current: Classified together with the garments with which they are imported. |
| Proposed: 3923.90.00, 3%, (Articles for the conveyance or packing of goods, of plastics; stoppers, lids, caps and other closures, of plastics: Other) |
| Reason: The hangers are strong enough to be reused there exists a commercial viability for that reuse, and hangers of similar construction are reused repeatedly for commercial shipment of garments, so the hangers should be separately classified. |
| Proposed for revocation: NY N255930 (2014) |
| Proposed new ruling: HQ H268757 |