April 13 CBP Bulletin Proposes to Modify and Revoke Rulings on Men's Vest/Sleeveless Jacket
In the April 13 Customs Bulletin (Vol. 56, No. 14), CBP published a proposal to revoke rulings on a men's vest/sleeveless jacket.
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Comments on Proposals Due May 13
CBP said consideration will be given to any written comments received by May 13 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.
Men's Vest/Sleeveless Jacket
| Item: A men’s vest with an outer shell composed of 100 percent nylon woven fabric coated with polyurethane. The polyurethane coating is not visible to the naked eye. The garment features a knit, mesh, man-made fiber lining and a full frontal opening with a zipper closure extending through the stand-up collar. The garment also has slanted pockets with zippered closures located below the waist and a hemmed bottom. |
| Current: 6211.33.00, 16%, "Track suits, ski-suits and swimwear; other garments: Other garments, men’s or boys’: of man-made fibers: Vests: Other." |
| Proposed: 6201.93.60, N/A, “Men’s or boys’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6203: Anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets): Of manmade fibers: Other: Other: Other: Other, Water resistant.”: |
| Reason: Although the subject men’s vest is sleeveless, it consists of several features designated for raincoats, water-resistant coats and shirt jackets in accordance with the Textile Guidelines. The design of the men’s vest is consistent with the criteria set forth in the ENs to heading 6201. The garment is designed to be worn over another garment with the purpose of offering protection against the elements. |
| Proposed for modification: HQ 964512, dated Jan. 30, 2001, and NY G80065, dated Aug. 24, 2000 |
| Proposed new ruling: HQ H300624 |