February 4, 2004 CBP Bulletin Notices on Certain Hook and Eye Tape, Blackout Drapery Fabric, and a Barbecue and Apron Set

CBP states that any party who has received a contrary 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 March 5, 2004, the date that written comments on these proposed rulings are due. Furthermore, CBP states that 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 agent for importations subsequent to the effective date of the final decision in this notice.

CBP also states that these notices cover any rulings on the subject merchandise that may exist but have not been specifically identified.

Proposed Revocation of Classification Ruling

Hook and Eye Tape Used for Brassieres. According to CBP, at issue is hook and eye tape used for bras that consists of two strips of woven cotton fabric tape. On one piece metal hooks are sewn-on at one-inch intervals, and on the other strip, metal eyes are sewn-on at one-inch intervals.

CBP is proposing to issue HQ 966818 in order to revoke NY H88921 and classify the tape under HTS 8308.10.0000 as hooks, eyes and eyelets rather than under 6212.90.0010, which provides for other brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted of cotton or cotton and rubber or plastics.

CBP explains that Additional U.S. Rule of Interpretation 1(c), HTSUS states that in the absence of special language or context which otherwise requires a provision for parts of an article covers products solely or principally used as a part of such articles but a provision for "parts" or "parts and accessories" shall not prevail over a specific provision for such part or accessory.

In consideration of this rule, CBP indicates that HTS 6212, which covers hooks and eyes that are used solely or principally as parts of body supporting garments, is not the most specific heading for classifying tape at issue.

Rather, CBP states that HTS 8308, which provides for hooks and eyes (that may contain textile parts) used in any type of clothing, is the most specific for classifying the tape. Therefore, according to CBP, the tape should be classified in HTS 8308.10.0000.

Proposed: 8308.10.0000, 1.1/kg 2.9%; current: 6212.90.0010 (cat 359), 6.6%.

Proposed Revocation of Two Classification Rulings

Blackout Drapery Fabrics. CBP states that the items at issue are two samples of Blackout and Budget Blackout Draperies. CBP states that the two representative samples are white in color and differ mainly in their respective weights (thickness). CBP describes these items as being made of a base cloth of 70% polyester and 30% cotton construction and have a rubber-like backing on the back with an acrylic coating and 100% cotton flocking. CBP explains that these drapery materials have the advantages of better light control, improved acoustical properties, and hold up better after dry cleaning than other materials and resist cracking and peeling, etc.

CBP is proposing to issue HQ 966508 in order to revoke NY H81427 and HQ 965343 and reclassify these fabrics under HTS 5907.00.6000, which provides for other textile fabrics of man-made fibers (MMF) otherwise impregnated, coated or covered; painted canvas being theatrical scenery, studio back-cloths, or the like; rather than under HTS 5903.90.2500, which provides for other textile fabrics of MMF not over 70% by weight of rubber or plastics which are impregnated, coated, covered or laminated with plastics other than those of HTS heading 5902.

The Explanatory Notes (ENs) to HTS 5907 specifically provide for flocked fabrics stating, in part, that such fabrics include those whose surface is coated with glue (rubber glue or other), plastics, rubber, or other materials and sprinkled with a fine layer of other materials, such as textile flock or dust to produce imitation suedes.

CBP states that because the blackout drapery at issue is constructed of a woven fabric, covered with a cellular plastic, which is itself covered on the outside surface with cotton flocking fibers, it meets the description of a textile fabric otherwise impregnated, covered or coated of HTS heading 5907. Moreover, CBP cites earlier rulings which classified similar 'flocked' fabrics under HTS 5907.

Finally, CBP states it is the fabric component of the blackout draperies that determines their classification, not the coating or flocking. In this case, the draperies are classified under HTS 5907.00.6000, the provision for such textile fabrics of MMF fabrics as their textile component is 70% polyester.

Proposed: 5907.00.6000 (cat 229), duty-free; current: 5903.90.2500 (cat 229), 7.5%.

Proposed Revocation of Classification Ruling

Barbecue and Apron Set. CBP states that the merchandise at issue is identified as a "Harley-Davidson Barbecue and Apron Set" and consists of tongs, a two-tine fork, a spatula and a textile bib apron for use in food preparation. CBP states that each of the three utensils is made of steel and has a wooden handle, and the apron is woven and made of 100% cotton.

CBP is proposing to issued HQ 966615 in order to revoke NY F84298 and reclassify the merchandise at issue as a set under HTS 8215.20.0000, which provides for other sets of assorted articles such as spoons, forks, and similar kitchen or tableware, etc.; rather than classifying the tongs, fork, and spatula as a set under HTS 8215.20.0000 and the apron separately under HTS 6211.42.0081, which provides for other women's or girls' garments of cotton.

CBP states that all four of the articles at issue constitute "goods put up in a set for retail sale" with in the meaning of General Rule of Interpretation (GRI) 3(b). Furthermore, the EN Rule 3(b)(X) directs that, if the items in question are considered a set, the classification is made according to the component, or components taken together, with can be regarded as conferring on the set as a whole its essential character.

In this instance, CBP determines that the essential character is imparted by the three utensils, and the set is therefore classified under HTS 8215.20.0000. However, CBP notes that notwithstanding the apron's inclusion as a constituent part of the set for classification purposes under GRI 3(b), the apron is a textile article and remains subject to visa and quota requirements regardless of where the set is classified. Moreover, the apron falls within Cat 359, and will remain subject to visa and quota requirements.

Proposed: 8215.20.0000, the rate of duty applicable to the article in the set subject to the highest duty; current, 8215.20.0000 (three utensils) and 6211.42.0081 (Cat 359) (Apron), 8.1%.

February 4, 2004 CBP Bulletin (Vol. 38, No. 6) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/