June 22 CBP Bulletin Proposes To Revoke Rulings on Hospital Clothing, Plant Movers
In the June 22 issue of the CBP Customs Bulletin (Vol. 50, No. 25) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for the tariff classification of hospital tops and shorts, and plant movers.
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Comments on Proposals Due July 22
CBP said consideration will be given to any written comments received by July 22 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.
Hospital Patient Tops and Shorts
| Item: Unisex hospital patient tops and short constructed from 65% polyester and 35% cotton woven fabric. |
| Current: The top: 6206.40.3030, 26.9%, “Women’s or girls’ blouses, shirts and shirt-blouses: Of man-made fibers: Other: Other: Other: Women’s.” The shorts: 6204.63.3532, 28.6%, "Women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Trousers, bib and brace overalls, breeches and shorts: Of synthetic fibers: Other: Other: Other: Other: Other: Shorts: Women’s." |
| Proposed: The top: 6204.23.0055, 26.9%, “Women’s or girls’ ... ensembles...: Ensembles: Of synthetic fibers: Other: Blouses and shirts: Other.” The shorts: 6404.23.0045, 28.6%, "Women’s or girls’ ... ensembles...: Ensembles: Of synthetic fibers: Other: Shorts." |
| Reason: To qualify as an ensemble the subject merchandise must consist of a set of garments composed of several pieces made up in identical fabric, style, color, compatible size and put up for retail sale, CBP said. "Based upon our examination of the garments, we conclude that they are made of the identical fabric, are the same in color, composition and size, and are put together for retail sale." |
| Proposed for revocation: NY N257998 (2014) |
| Proposed new ruling: HQ H262283 |
Plant Movers
| Item: A wheeled dolly used to facilitate the movement of a potted plant |
| Current: 8716.80.5090, 3.2%, “...other vehicles, not mechanically propelled; ... parts thereof: Other vehicles: Other: Other: Other.” |
| Proposed: 9403.20.00, Free, "Other furniture and parts thereof: Other metal furniture.” |
| Reason: As a movable article designed for placing on the floor or ground to equip private dwellings, the instant article meets the definition of furniture laid out in General Explanatory Note to Chapter 94, it said. |
| Proposed for revocation: NY N024680 (2008), NY N024678 (2008), NY N012582 (2007) and NY N012026 (2007) |
| Proposed new ruling: HQ H271824 |