Oct. 12 CBP Bulletin Proposes Revoke, Modify Rulings on Women's Tops, Upholstery Fabrics
In the Oct. 12 Customs Bulletin (Vol. 56, No. 40), CBP published a proposal to modify one ruling on woven upholstery fabrics and revoke a ruling on women's tops.
Comments on Proposals Due Nov. 11
CBP said consideration will be given to any written comments received by Nov. 11 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.)
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.
Woven Upholstery Fabrics
| Items: Woven fabrics with acrylic coatings applied to the reverse side that are visible to the naked eye. (1) A woven fabric composed wholly of polyester textured filament yarns of different colors. (2) A woven fabric of yarns of different colors composed of 54 percent polyester filament yarns and 46 percent polypropylene filament yarns. (3) A woven fabric composed wholly of polyester yarns of different colors, of which 72 percent is staple fibers and 28 percent is filament yarns. |
| Current: 5903.90.25, 7.5%, “Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902: Other: Of man-made fibers: Other.” |
| Proposed: (1) 5407.53.20, 12%, “Woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404: Other woven fabrics, including 85 percent or more by weight of textured polyester filaments: Of yarns of different colors: Other,” (2) 5407.73.20, 8.5%, “Woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404: Other woven fabrics, containing 85 percent or more by weight of synthetic filaments: Of yarns of different colors: Other,” (3) 5515.12.00, 12%, “Other woven fabrics of synthetic staple fibers: Of polyester stable fibers: Mixed mainly or solely with man-made filaments.” |
| Reason: Upon further inspection, CBP found that the acrylic coating on each of the three fabrics at issue was not visible to the naked eye. |
| Proposed for modification: NY N319028, dated April 30, 2021 |
| Proposed new ruling: HQ H322298 |
Women's Tops
| Item: A woman’s top constructed from 100% cotton woven fabric. The top has a right over left full front opening with seven button closures, a pointed collar, long sleeves with button cuffs, a single chest pocket, an inside pocket below the waist, and a curved hemmed bottom. |
| Current: 6211.42.10, 8.1%, “Track suits, ski-suits and swimwear; other garments: Other garments, women’s or girls’: Of cotton: Other.” |
| Proposed: 6206.30.30, 15.4%, “Women’s or girls’ blouses, shirts and shirt-blouses: Of cotton: Other: Other.” |
| Reason: Heading 6206 does not cover garments with pockets below the waist. The pouch in the garment at issue is incapable of functioning as a coin pocket. |
| Proposed for revocation: NY N324185, dated Feb. 18, 2022 |
| Proposed new ruling: H326573 |