Jan. 8 CBP Bulletin Proposes to Modify, Revoke Ruling Letters on Neck, Face, Head and Arm Coverings
In the Jan. 8 Customs Bulletin (Vol. 59, No. 2), CBP published proposals to modify or revoke ruling letters concerning certain neck, face, head and arm coverings.
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Comments on Proposal Due Feb. 8
CBP said consideration will be given to any written comments received by Feb. 8 before taking these actions. In addition, any party that 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 after the effective date of the final decision in this notice.)
Proposal
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 also is proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Certain Neck, Face, Head and Arm Coverings
| Items: NY N311707: neck gaiter; HQ 950751: women’s knit scarf-tubes, or funnels; HQ W968280: Original Buff multi-functional headgear; NY K83753: The Headcase multi-functional accessory; NY N300387: Adult Unisex Winter Headgear; NY N204320: Solarguard Headgear; NY K86452: removable protective sleeves |
| Current: NY N311707 and NY N300387: 6505.00.6090, “Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed: Other: Other: Of man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Not in part of braid...Other: Other: Other;" HQ 950751: subheading 6505.90.6080; HQ W968280: subheading 6505.90.60, “Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed: Other: Other: Of man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Not in part of braid;" NY K83753: subheading 6505.90.6090, “Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric...whether or not lined or trimmed...Other: Of man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Not in part of braid, Other: Other: Other;" NY N204320: subheading 6505.00.6090, “Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric...Other: Of man-made fibers: knitted or crocheted or made up from knitted or crocheted fabric: Not in part of braid, Other: Other: Other;" NY K86452: subheading 6117.80.9510, “Other made up clothing accessories, knitted or crocheted...Other accessories: Other: Other, Of cotton," and subheading 6505.90.1540, which provides for “Hats and other headgear...made up from lace, felt or other textile fabric...Other: Of cotton, flax or both: Knitted, Of cotton: Other: Other.” |
| Proposed: HQ 950751, HQ W968280, NY N311707, NY K83753, NY N204320, and NY N300387, are best described as scarves and classified in subheading 6117.10.20, which provides for “Other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: Shawls, scarves, mufflers, mantillas, veils and the like: Of man-made fibers;" NY K86452: subheading 6117.80.95, which provides for “Other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: Other accessories: Other: Other." |
| Reason: At issue is whether the merchandise under consideration is classified in heading 6117 or heading 6505. The articles at issue in HQ 950751, HQ W968280, NY N311707, NY K83753, NY N204320, and NY N300387, are described as cylinder or tubular shaped items, scarf-tubes, or funnels, to be worn around the neck and, in some instances, head. As such, they are most akin to scarves provided for in heading 6117 and more specifically the types of scarves best described as “infinity scarves.” The article at issue in NY K86452 can also be worn as headwear or around the neck, and it is designed as a sleeve to be worn on the arm. As such, it best qualifies as one of the “other accessories” of subheading 6817.80. The articles at issue in HQ 950751, HQ W968280, NY N311707, NY K83753, NY N204320, NY N300387, and NY K86452 are not classifiable in any heading of Chapter 65 because they are provided for in heading 6117. |
| Proposed for revocation: NY N311707, dated June 9, 2020; HQ 950751, Dec. 9, 1991; W968280, dated Aug. 15, 2007; NY K83753, dated April 7, 2004; NY N300387, dated Sept. 27, 2018; NY N204320, dated Feb. 28, 2012; and NY N300387, dated Sept. 27, 2018. Proposed for modification: NY K86452, dated June 8, 2004 |
| Proposed new ruling: HQ H323071 |