August 4, 2004 CBP Bulletin Notices on Certain Hospital Garments/Patient Pajamas and Certain Laser Units for Barcode Scanners
In the August 4, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBPBulletin) (Vol. 38, No. 32), CBP issued notices: (a) proposing to modify a classification ruling on certain hospital garments/patient pajamas, and (b) proposing to revoke a classification ruling on certain laser units for barcode scanners. CBP states that it is also proposing to revoke any treatment it has previously accorded to substantially identical transactions that are contrary to its position in these notices.
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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 September 3, 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 Modification of Classification Ruling
Certain Hospital Garments/Patient Pajamas. At issue are pajama shorts, bottoms, and tops (described as tops and bottoms), which are designed, manufactured, marketed, and sold for use as sleepwear by hospital patients.
CBP is proposing to issue HQ 967039 in order to modify NY J83809 and reclassify the tops and bottoms (i) under HTS 6207.91.3010 as "other sleepwear" if they are imported separately, or have no matching component in a shipment, or (ii) under HTS 6207.21.0030 as "other men's nightshirts and pajamas of cotton" if they are imported in shipments containing equal numbers of matching tops and bottoms; rather than classifying the shorts under HTS 6204.62.4055 as "women's shorts of cotton," the bottoms under HTS 6203.42.4015 as "other men's trousers and breeches of cotton," and the tops under HTS 6205.20.2065 as "other men's shirts of cotton."
CBP states that in NY J83809, it had classified the three garments as outerwear or loungewear. However, upon review, CBP states that the garments are not hospital scrubs and are not worn outside, but inside a hospital setting by patients who are receiving medical treatment to recuperate from illness or injury.
Although the garments may be worn inside for social activity, CBP states that any use other than during a hospital stay while recuperating would be a fugitive use. According to a cited court decision, the fact that a garment could have a fugitive use or uses does not take it out of the classification of its original and primary use. Therefore, CBP determines that the garments should be reclassified as sleepwear in HTS 6207.
proposed: 6207.91.3010 (Cat 351), 6.1%; 6207.21.0030 (Cat 351), 8.9%
current: 6204.62.4055 (Cat 348), 16.6% (shorts); 6203.42.4015 (Cat 347), 16.6% (bottoms); 6205.20.2065 (Cat 340), 19.7% (tops)
Proposed Revocation of Classification Ruling
Certain Laser Units for Barcode Scanners. The laser units at issue are components of various laser diode-based horizontal scanners which are used with point-of-sale (POS) systems to read bar codes in transaction-intensive environments.
CBP is proposing to issue HQ 966863 in order to revoke HQ 958839 and reclassify the laser units under HTS 8473.30.5000 as "other parts and accessories of the machines of heading 8471, not incorporating a cathode ray tube," rather than under HTS 8473.29.0000 as "other parts and accessories of the machines of heading 8470."
CBP sources have confirmed that HQ 966863 is the correct proposed ruling number, as CBP's notice mistakenly mentions two proposed ruling numbers.
CBP states that in HQ 958839, it had ruled that the horizontal scanner used to read bar codes could not be classified under HTS 8471 because it was not principally used with automatic data processing (ADP) machines (or units thereof).
However, CBP now states that HTS 8471 does not limit itself merely to ADP machines and units thereof, but also provides for, among other things, optical readers. In addition, the Explanatory Notes (ENs) to 84.71 state, in pertinent part, that HTS 8471 provides for optical readers, which includes bar code readers.
Therefore, CBP states that the subject horizontal scanners are within the scope of HTS 8471 as optical readers, and as a result, the laser units should be classified under HTS 8473.30.5000 which provides for other parts and accessories of the machines of HTS 8471.
proposed: 8473.30.5000, duty-free; current: 8473.29.0000, duty-free
August 4, 2004 CBP Bulletin (Vol. 38, No. 32) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_08042004_no32/