November 10, 2004 CBP Bulletin Notices on a "Safe Start IV Start Pak" and Certain Boys' Athletic-Type Footwear

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 December 10, 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 Two Classification Rulings

"Safe Start IV Start Pak." At issue is the "Safe Start IV Start Pak" (Pak) which consists of the following: a pair of seamless latex gloves, a Tegaderm transparent dressing, an alcohol wipe, a povidine-iodine topical skin preparation solution, an ointment containing povidine-iodine, a latex tourniquet, gauze sponges, a roll of plastic tape, and a paper identification label.

CBP is proposing to issue HQ 967207 in order to modify HQ 555520 and reclassify the Pak as a General Rule of Interpretation (GRI) 3(c) set under HTS 4015.19.0550 ("other medical gloves, mittens, and mitts") rather than as a GRI 3(c) set under HTS 4821.10.4000 ("other printed paper and paperboard labels of all kinds").

CBP states that it is proposing this change as it no longer believes that the paper identification label, which is not essential to the IV itself, "equally merits consideration" in the classification of this GRI 3(c) set.

Rather, the gloves, tourniquet, cleansing materials, and the dressing are all essential to start and secure an IV and are of relatively equal size and weight. By application of GRI 3(c) to these items, the Pak should be classified in HTS 4015.19.0550, the subheading that occurs last in numerical order among these provisions that "equally merit consideration."

(CBP notes that in HQ 555520, it had stated that the tourniquet is classified in HTS 4014.90.50; however, CBP now finds that it is classified in HTS 4008.21.0000.)

proposed: 4015.19.0550, duty-free; current: 4821.10.4000, duty-free.

Boys' Athletic-Type Footwear in Children's American Sizes. At issue are boys athletic shoes in two children's American size ranges, (i) up to and including size 11 and (ii) sizes 11.5 - 13.

Shoes in each size range have a molded sole that overlaps the upper by at least 3/16 of an inch when measured on a vertical plane. Measurements taken at the ball of the foot evidenced that the vertical overlap was 3/16 of an inch on the lateral side. The sidewalls and toe of the shoe overlap more than 3/16 of an inch.

CBP is proposing to issue HQ 967128 in order to modify NY J87067 to reclassify the boys athletic shoes in sizes 11.5 - 13 under HTS 6402.99.18, which excludes footwear possessing foxing or a foxing-like band. These larger shoes are currently classified with the up to and including size 11 boys athletic shoes under HTS 6402.99.80 as having a foxing-like band.

CBP states that the subject boys athletic shoes in children's American sizes 11.5 - 13 do not have a foxing-like band for classification purposes, as the required overlap for the over 11 children's American size range is 1/4 of an inch (4/16 of an inch).

(According to CBP, athletic shoes in children's American sizes up to 11 have a 3/16 inch overlap requirement (the overlap requirement for infants shoes is 1/8 of an inch (2/16 of an inch) for classification as having a foxing-like band.)

for size range 11.5 - 13 proposed: 6402.99.18, 6%; current: 6402.99.80, 90/pr 20%.

November 10, 2004 CBP Bulletin (Vol. 38, No. 46) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38-11102004_no46/