September 29, 2004 CBP Bulletin Notices on Certain Hospital Garments/Patient Pajamas and Non-Electric, Metal Bicycle Bells
In the September 29, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 38, No. 40), CBP issued notices: (a) modifying a classification ruling on certain hospital garments/patient pajamas, and (b) modifying a classification ruling on non-electric, metal bicycle bells. CBP states that it is also revoking any treatment it has previously accorded to substantially identical transactions that are contrary to its position in these notices.
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According to CBP, the modifications are effective for merchandise entered or withdrawn from warehouse for consumption on or after November 28, 2004. CBP also states that these notices cover any rulings on the subject merchandise that may exist but have not been specifically identified.
Modification of Two Classification Rulings
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 issuing HQ 967039 in order to modify NY J83809 and reclassify the tops and bottoms (i) under HTS 6207.91.3010 as "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."
Although the subject 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 are classified as sleepwear in HTS 6207.
(See ITT's Online Archives or 08/06/04 news, 04080645, for BP summary of the proposed modification.)
new: 6207.91.3010 (Cat 351), 6.1%; 6207.21.0030 (Cat 351), 8.9%
previous: 6204.62.4055 (Cat 348), 16.6% (shorts); 6203.42.4015 (Cat 347), 16.6% (bottoms); 6205.20.2065 (Cat 340), 19.7% (tops)
Non-electric, metal bicycle bells. The bells at issue are non-electric, base metal housing bicycle accessories that operate by twisting the top portion to produce a ring sound.
CBP is issuing HQ 967097 in order to modify NY I89597 and reclassify the bells under HTS 8306.10.0000 which provides, among other things, for "nonelectric bells, gongs and the like, and parts thereof, of base metal" rather than under HTS 8714.99.8000 which provides for "other parts and accessories of vehicles of headings 8711 to 8713."
According to CBP, Explanatory Note (EN) 87.14 states that HTS 8714 covers parts and accessories of a kind used withnon-motorized cycles, provided that they fulfill certain conditions. One of these conditions is that the expressions "parts" and "parts and accessories" do not apply to articles of HTS 8306, pursuant to Note 2, Section XVII. Therefore, CBP finds that Note 2, Section XVII precludes classification of the bells in HTS 8714, and that the bells are classified under HTS 8306.10.0000 which provides by name for bells, gongs, and the like.
(See ITT's Online Archives or 08/03/04 news, 04080340, for BP summary of the proposed modification.)
new: 8306.10.0000, 5.8%; previous: 8714.99.8000, 10%
September 29, 2004 CBP Bulletin (Vol. 38, No. 40) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_09292004_no_40/