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June 8 CBP Bulletin Proposes to Revoke Ruling on Outdoor Furniture Sets

In the June 8 Customs Bulletin (Vol. 56, No. 22), CBP published a proposal to revoke a ruling on outdoor furniture sets.

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Comments on Proposals Due July 8

CBP said consideration will be given to any written comments received by July 8 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.

Outdoor Furniture Sets

Item: Some variation of the following pieces: one table and a defined number of chairs, ottomans and a sofa. The furniture is imported either fully assembled or partially unassembled and shipped in one combined shipment, in separate boxes.
Current: (1) 9401.71.0010, free, “Seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: Other seats, with metal frames: Upholstered; Household.” (2) 9403.89.6010, free, “Other furniture and parts thereof: Furniture of other materials....: Other; Other; Household.” (3) 9401.79.0005, free, “Seats....: Other seats, with metal frames; Other: Outdoor: With textile covered cushions or textile seating or back materials.” (4) 9403.60.8040, free, “Other furniture and parts thereof: Other wooden furniture: Other; Dining tables.” (5) 9401.61.4011, free, “Seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: Other seats, with wooden frames: Upholstered: Chairs: Other; Other household.”
Proposed: 9403.60.80, free, "Other furniture and parts thereof: Other wooden furniture: Other."
Reason: These outdoor chairs that are packaged together with a table and other outdoor furniture items and imported together are properly classified as a set.
Proposed for revocation: N085595, dated Nov. 25, 2009; NY N028531, dated May 20, 2008; NY N004954, dated Jan. 19, 2007; NY N125879, dated Oct. 29, 2010; and NY N255629, dated Aug. 26, 2014
Proposed new ruling: HQ H271649