October 13, 2004 CBP Bulletin Notices on Certain Hats of Fine Animal Hair and the Glass Article in Drink Mix Kits
In the October 13, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 38, No. 42), CBP issued notices: (a) proposing to revoke a classification ruling and modify two classification rulings on certain hats of fine animal hair, and (b) proposing to modify a classification ruling on the glass article in drink mix kits. 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 November 12, 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 Four Classification Rulings
Certain Hats of Fine Animal Hair. At issue in proposed HQ 967314 are three styles of hats that have a knit crown of 70% cashmere and 30% silk. One style has rabbit fur attached to the crown, the second style has mink fur, and the third has fox fur.
At issue in proposed HQ 967315 is a beret style hat with an outer shell composed of woven alpaca wool fabric, and a fabric lining of an unknown composition.
At issue in proposed HQ 967316 are an envelope-style cable knit hat with tassels at the front and back, and a helmet-style cable knit hat. Both hats are made of 70% angora hair, 20% rabbit hair, and 10% nylon.
CBP is proposing to issue HQ 967314 in order to revoke NY J85862, and HQ 967315 and HQ 967316 in order to modify NY H83073 and NY I80194, respectively, and reclassify all of the subject hats in HTS 6505.90.9045 as "other hats and other headgearof fine animal hair" rather than classifying (i) the hats at issue in proposed HQ 967314 and HQ 967316 under HTS 6505.90.3090 as "other hats and other headgearof wool, knitted or crocheted or made up from knitted or crocheted fabric" and (ii) the hats at issue in proposed HQ 967315 under HTS 6505.90.4090 as "other hats and other headgearof wool."
CBP states that the subject hats were classified as being of "wool" in error. The hats are made or are in chief weight of "fine animal hair" (i.e, the hair of the Kashmir goat or alpaca, or angora hair) as defined in HTS Chapter 51, Note 1(b), not of "wool" as defined in HTS Chapter 51, Note 1(a).
Therefore, CBP states that the subject hats should be classified in HTS 6505.90.9045 as of fine animal hair.
proposed: 6505.90.9045 (Cat 459), 20.7/kg 7.5%
current: 6505.90.3090 (Cat 459), 25.4/kg 7.7%
6505.90.4090 (Cat 459), 31/kg 7.9%
Glass Article in Drink Mix Kits. At issue is the decorated cylinder-shaped glass article in drink mix kits. In addition to the glass article, each kit is comprised of a bottle of margarita or strawberry daiquiri mix and a test tube of colored salt or sugar. According to CBP, the subject glass articles measure approximately 6 inches high and 2 inches in diameter. They are frosted and have blending instructions for a margarita or daiquiri and a picture of one or the other of these drinks in the usual shaped drinking glass used for these beverages. CBP states that each glass article is valued between $0.30 and $3.
CBP is proposing to issue HQ 967004 in order to modify NY J89555 and reclassify the glass articles in HTS 7013.29.2000 as "other drinking glasses, other than of glass-ceramics: valued over $0.30 but not over $3 each" rather than under HTS 7013.99.5000 which provides for "other glassware: valued over $0.30 but not over $3 each."
CBP states that while the usual glass for a daiquiri or margarita is shaped quite differently than the subject glass article, and is even pictured on the subject glass itself, the glass enclosed in these drink mix kits is recognizable as a drinking glass. According to CBP, it is referred to on the packaging as a "novelty glass" and it is quite clearly intended to be used as a drinking glass. Therefore, applying General Rule of Interpretation (GRI) 6, the glass article should be classified in HTS 7013.29.2000 as a drinking glass.
proposed: 7013.29.2000, 22.5%; current: 7013.99.5000, 30%
October 13, 2004 CBP Bulletin (Vol. 38, No. 42) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_10132004_no42/