Nov. 6 CBP Bulletin Proposes to Modify Rulings on Garments With Overlays, Women's Shirts
In the Nov. 6 Customs Bulletin (Vol. 53, No. 40), CBP published notices that propose to revoke or modify rulings and similar treatment for garments with overlays and women's shirts with partial openings.
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Comments on Proposals Due Dec. 6
CBP said consideration will be given to any written comments received by Dec. 6 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.
Garments With Overlays
| Item: Knit pullover garments with woven fabric overlaid fronts |
| Current: 6110.11.00, 16% “Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of wool or fine animal hair: Of wool." |
| Proposed: The subheading remains the same but is based on a different analysis. |
| Reason: The silk overlays were simply decorative trimmings and, therefore, should be disregarded in the classification of the merchandise. The garments are classified based on the knit fabric pursuant to General Rule of Interpretation 1 rather than GRI 3. |
| Proposed for modification: HQ 950007 (1991), HQ 960960 (2001), NY N257834 (2014), NY N257469 (2014), NY N243946 (2013), NY N242436 (2013), NY N235714 (2012), NY N208296 (2012), NY N173438 (2011), NY N138899 (2011), NY N138900 (2011), NY N043115 (2008) |
| Proposed for revocation: NY N255267 (2014), NY N254620 (2014) |
| Proposed new ruling: HQ H270389 |
Women’s Shirts With Partial Openings
| Item: Women’s shirts with partial openings and no means of closure |
| Current: Shirts are precluded from classification in heading 6106 because there is no means of closure. |
| Proposed: A means of closure is not necessary for garments with partial openings of heading 6106. |
| Reason: CBP said that multiple women's shirts were ineligible for classification in heading 6106. While the shirts still aren't classified in that heading, it's not true that means of closure is necessary for garments with partial openings of heading 6106. |
| Proposed for modification: NY N019202 (2007), NY N018064 (2007), NY M80970 (2006) |
| Proposed new ruling: HQ H304882 |