April 24 CBP Bulletin Proposes to Revoke Rulings on 'Johnny Collar' Pullover, Polyester Monofilament Yarn
In the April 24 issue of the U.S. Customs and Border Protection Bulletin (Vol. 47, No. 18), CBP published two notices that propose to revoke rulings and similar treatment regarding the tariff classification of "Johnny Collar" pullovers and polyester monofilament yarn.
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Comments on Proposed Revocations Due May 20
CBP said consideration will be given to any written comments received by May 20 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.)
Proposed Revocations
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 or modify any treatment it has previously accorded to substantially identical transactions.
"Johnny Collar" Garments
| Item: "Johnny Collar" Pullover Garment. A men’s pullover garment that features a V-neckline with a rib knit spread collar (Johnny collar); short, hemmed sleeves; and a straight, hemmed bottom. The finely knit fabric measures 30 stitches per 2 centimeters counted in the horizontal direction. The garment is made from a polyester yarn made by Best Key by mixing metal power into a polyester slurry. |
| Current: 6110.30.3053, 32% (Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: men’s or boys’: other.) |
| Proposed: 6110.90.90, 6% (a knitted or crocheted pullover of “other” textile materials (i.e., not of polyester)). |
| Reason: The ruling is being revoked because when it was issued, another ruling on the classification of the Best Key yarn, remained in effect. That Best Key yarn ruling is proposed for revocation (see below), but until that ruling is revoked, the garment is question remains classified as 6110.90.90. |
| Proposed for revocation: NY N196161 (2012) |
| Proposed new ruling: HQ H226262 |
Polyester Monofilament Yarn
| Item: Polyester Monofilament Yarn. Yarns produced by Best Key that are made with aluminum powder or zinc powder, both which contain titanium. The aluminum or zinc powder is added to the slurry that is extruded to create the filaments. |
| Current: 5605.00.9000, 13.2% (Metalized yarn, whether or not gimped, being textile yarn, combined with metal in the form of thread, strip, or powder or covered with metal; Other). |
| Proposed: 5402.47.90, 8% (Synthetic filament yarn (other than sewing thread), not put up for retail sale, including syntheticmonofilament of less than 67 decitex: Other, of polyesters: Other). |
| Reason: CBP said the Best Key yarns do not conform to the commercial meaning of metalized or metallic yarn, because the products that are considered metalized yarns or fibers have a metallic character of appearance, which is usually the result of the presence of a significantly higher metal content, said CBP. |
| Proposed for revocation: NY N187601 (2011) |
| Proposed new ruling: HQ H202560 |