Trade Law Daily is a Warren News publication.

September 15, 2004 CBP Bulletin Notices on the 34 th Session of the HSC and a Dog Toy

In the September 15, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 38, No. 38), CBP issued notices (a) detailing the dates and draft agenda for the 34th Session of the Harmonized System Committee (HSC), and (b) withdrawing a proposed modification of a classification ruling on the Fetch ToteTM dog toy.

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

According to CBP, the withdrawal is effective September 15, 2004.

Dates and Draft Agenda for the 34th Harmonized System Committee Session

CBP has published a notice setting forth the dates and draft agenda for the 34th Session of the Harmonized System Committee (HSC) of the World Customs Organization (WCO), which will be held from September 27, 2004 to October 8, 2004 in Brussels, Belgium.

(CBP states that, among other things, the HSC (1) issues classification decisions on the interpretation of the Harmonized System in the form of published tariff classification opinions or amendments to the Explanatory Notes (ENs), and (2) considers amendments to the legal text of the Harmonized System.)

The draft list of agenda items includes (partial list):

possible amendment of the EN to reflect the classification of a certain handbag and a "fanny pack" in subheadings 4202.21 and 4202.91, respectively;

classification of a mixture of derivatives of vitamins;

classification of "footwear with outer soles of textile material;"

classification of appliances presented with installation software;

classification of an audio compact disc manufacturing system; and

classification of liquid margarine.

CBP states that copies of available agenda-item documents may be obtained from either CBP or the International Trade Commission (ITC).

Withdrawal of a Proposed Modification of a Classification Ruling

Fetch ToteTM Dog Toy. At issue was the Fetch ToteTM dog toy made up of two components, a ball resembling a tennis ball and an accompanying belt pouch constructed of nylon fabric and mesh. Among other things, sewn into the pouch is the name of the product, the sentence ''Sporting gear for dogs from Canine Hardware, Inc,'' and a picture of a dog.

CBP had proposed to issue HQ 966988 in order to modify NY J89264 and reclassify the dog toy under HTS 4016.99.2000 as "toys for pets" rather than under HTS 9506.61.0000 which provides for "lawn-tennis balls." (CBP had noted that regardless of where the dog toy set is classified, the belt pouch would remain subject to Cat 670 visa and quota requirements.)

However, CBP states that after analyzing the comment received on the proposed modification, and further review of the matter, it has decided not to proceed with the modification. NY J89264 remains in full force and effect.

(See ITT's Online Archives or 06/30/04 news, 04063060, for BP summary of the proposed modification.)

September 15, 2004 CBP Bulletin (Vol. 38, No. 38) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_09152004_no38/