April 8 CBP Bulletin Proposes to Revoke Rulings on Sandals, Knife Sets
In the April 8 issue of the CBP Customs Bulletin (Vol. 49, No. 14) (here), CBP published notices that propose to revoke rulings and similar treatment for the tariff classification of sandals and knife sets.
Comments on Proposals Due May 8
CBP said consideration will be given to any written comments received by May 8 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 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 the rulings below, and any rulings on these products that may exist but have not been specifically identified. CBP is also proposing to revoke or modify any treatment it has previously accorded to substantially identical transactions.
Footwear
| Item: Children's open toe heel sandals from China. |
| Current: 6402.99.27, 3%, (Other footwear with outer soles and uppers of rubber or plastics: Other footwear: Other: Other: Having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements such as those mentioned in note 4(a) to this chapter) is rubber or plastics (except footwear having a foxing or a foxing-like band applied or molded at the sole and overlapping the upper and except footwear designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather): Other: Sandals and similar footwear of plastics, produced in one piece by molding.) |
| Proposed: 6402.99.31, 16%, (Other footwear with outer soles and uppers of rubber or plastics: Other footwear: Other: Other: Having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements such as those mentioned in note 4(a) to this chapter) is rubber or plastics (except footwear having a foxing or a foxing-like band applied or molded at the sole and overlapping the upper and except footwear designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather): Other: Other.) |
| Reason: This current subheading does not allow for footwear with separately attached rubber and plastic components, said CBP. Manufacturing or assembling of an upper to an outer sole by such process as stitching, riveting, nailing, screwing, plugging, gluing, etc., would preclude classification as “produced in one piece by molding,” said CBP. Therefore the subject sandals cannot be considered to be produced in one piece by molding and are classified in subheading 6402.99.31, it said. |
| Proposed for revocation: NY N161242 (2011) |
| Proposed new ruling: HQ H185722 |
Hobby Knife with LED Light
| Item: Professional hobby knife with LED light. The knife handle is made of zinc alloy and has a plastic lever for releasing the interchangeable razor blade. |
| Current: 8211.92.9060, 0.4¢ each + 6.1%, (Knives with cutting blades, serrated or not (including pruning knives), other than knives of heading 8208, and blades and other base metal parts thereof: other: other knives having fixed blades: other: other: other.) |
| Proposed: 8211.93.00, 3¢ + 5.4%, (Knives with cutting blades, serrated or not (including pruning knives), other than knives of heading 8208, and blades and other base metal parts thereof: Other: Knifes having other than fixed blades.) |
| Reason: The knife has interchangeable blades. When a user releases the blade to exchange it for a replacement blade, and locks the new blade into place, this does not transform the product into a fixed blade product. Therefore it's a knife with other than fixed blades, said CBP. |
| Proposed for revocation: NY R04558 (2006) |
| Proposed new ruling: HQ H257274 |