April 14, 2004 CBP Bulletin Notices on Upper Body Garments Similar to Sleeveless Tank Styles, Certain Soapstone Fireplaces and Cookstoves, and Certain Woven Place Mats

With respect to the modification, CBP states that this action is effective for merchandise entered or withdrawn from warehouse for consumption on or after June 13, 2004.

CBP states that any party who has received a contrary ruling or decision on the merchandise that is subject to the proposed rulings, or any party involved with a substantially identical transaction, should advise CBP by May 14, 2004, the date that written comments on the 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 these notices.

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

Proposed Revocation or Modification of Three Classification Rulings

Upper Body Garments Similar to Sleeveless Tank Styles. CBP states that at issue in proposed HQ 966056 is a 100% cotton yarn dyed seersucker blouse, identified as Style FG 15-111. The garment is a woven, sleeveless, scoop neck shirt, part of the "Faded Glory" collection. The silhouette of the garment is shaped throughout the torso with front and back vertical darts. The garment has a full front opening with buttons running up the front, and the bottom hem is slightly curved with side vents measuring approximately 1.75 inches. The armholes and the neckline have a 1 inch turned facing. The garment measures 2 inches at the tops of the shoulders.

The garment at issue in proposed HQ 967033 is a 100% cotton woven upper body garment, identified as style number 71075506/71075506P. The garment measures 2 inches at the tops of the shoulders, features a full rear opening secured by six plastic buttons and a single metal snap fastener at the top, faced armholes, a round neckline, 2 inch side vents on each side and a straight hemmed bottom.

The garment at issue in proposed HQ 967034 is a 100% cotton woven upper body garment, identified as style 4254. The sleeveless garment extends from the shoulders to the vicinity of the hips. It measures 2 inches in width at the shoulder seams and features a front and rear square neckline, a full front opening secured by ten buttons, seven tiny tucks on the front panels and has a ruffle trim around the neck opening and along the bottom.

CBP is proposing to issue HQ 966056, HQ 967033 and HQ 967034 in order to revoke HQ 964221 and modify PD A88686 and NY B89011, respectively, and reclassify the subject garments under HTS 6211.42.00 which provides, in pertinent part, for "blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments of cotton, excluded from heading 6206" rather than under HTS 6206.30.30 which provides for "other women's or girls' blouses, shirts and shirt-blouses of cotton."

CBP explains that it is proposing to issue these rulings because it now believes that the garments have insufficient shoulder coverage in order to be considered blouses.

CBP also states that garments at HTS 6211.42.0054 and HTS 6211.42.0056 consist of the following:

1. blouses, shirts and shirt-blouses with pockets below the waist, tightening or rib knit waistband;
2. sleeveless tank-styled garments, featuring a defined neckline ("U", "V", or scooped), reaching the vicinity of the waist, providing the wearer with some (though limited) shoulder coverage;
3. similar upper body garments, known as "camisoles," sharing a similar silhouette as HTS 6206 blouses, having a defined neckline.

proposed: 6211.42.0054, 8.1% (Cat 341); 6211.42.0056, 8.1% (Cat 341);

current: 6206.30.3010, 15.4% (Cat 341); 6206.30.3040, 15.4% (Cat 341).

Proposed Revocation of Two Classification Rulings

Certain Soapstone Fireplaces and Cookstoves. According to CBP, at issue are OCTO model wood-burning fireplaces (proposed HQ 967010) and Tulikivi wood-burning fireplaces and cookstoves (proposed HQ 967009).

These fireplaces and cookstoves are of the type used in the home, and they are shipped unassembled, in kit form. The kits consist of pieces/blocks of natural stone, wrought iron and glass fire chamber door, grate, ashpan, gauge, and metal clips. (The kits in proposed HQ 967009 also contain mortar and mineral wool insulation.) The stone blocks are of a talc-based mineral known commercially as steatite or soapstone.

CBP is proposing to issue HQ 967010 and HQ 967009 in order to revoke HQ 960193 and HQ 959493, respectively, and classify the fireplaces and cookstoves under HTS 7116.20.4000 as "other articles of semiprecious stones (except rock crystal)" rather than under HTS 6802.99.00 which provides for "other worked or monumental building stone, etc."

CBP explains that because the Annex to the Explanatory Notes (ENs) for Chapter 71 lists soapstone (or steatite) as a precious or semiprecious stone, these fireplaces and cookstoves, which are made of soapstone/steatite, should be classified in Chapter 71.

proposed: 7116.20.4000, 10.5%; current: 6802.99.00, 6.5%.

Modification of a Classification Ruling

Certain Woven Place Mats. The place mat at issue is circular in shape and measures approximately 15 inches in diameter. It is made of paper strips which have been folded lengthwise prior to being woven.

CBP is issuing HQ 966386 in order to modify HQ 965233 and reclassify the paper place mat under HTS 4601.99.9000 which provides for "other plaits and similar products of plaiting materials, bound together in parallel strands or woven, in sheet form, etc." rather than under HTS 4601.99.0500 which provides for "plaits and similar products of plaiting materials, whether or not assembled into strips."

CBP states that the paper place mat does not answer to the descriptions of "plaits" or "products similar to plaits" in Part A of the EN for HTS 4601. Rather than being a narrow, thong-like object without a warp or weft, the place mat is a round sheet composed of woven paper strips and falls squarely within the description given in Part B of the EN for HTS 4601. Therefore, CBP states that the paper place mat is classified under HTS 4601.99.9000.

(See ITT's Online Archives or 02/26/04 news, 04022645, for BP summary of the proposed modification.)

new: 4601.99.9000, 3.3%; previous: 4601.99.0500, 2.7%.

April 14, 2004 CBP Bulletin (Vol. 38, No. 16) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_04142004_no_16/