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February 2, 2005 CBP Bulletin Notices on a "Safe Start IV Start Pak" and Certain Boys' Athletic-Type Footwear

In the February 2, 2005 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 39, No. 6), CBP issued notices: (a) modifying a classification ruling on a "Safe Start IV Start Pak," and (b) modifying a classification ruling on certain boys' athletic-type footwear. 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According to CBP, these modifications are effective for merchandise entered or withdrawn from warehouse for consumption on or after April 3, 2005.

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

"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 issuing 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 no longer believes that the paper identification label, which is not essential to the preparation, insertion, or securing of 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 is 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.)

new: 4015.19.0550, duty-free; previous: 4821.10.4000, duty-free.

Boys' Athletic-Type Footwear in Children's American Sizes. This ruling discusses boys' athletic shoes in two children's American size ranges: (i) up to and including size 11 and (ii) sizes 11.5 - 13.

According to CBP, the submitted sample (children's size 13) has 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 issuing HQ 967128 in order to modify NY J87067 and reclassify the boys' athletic shoes in sizes 11.5 - 13 under HTS 6402.99.18, which provides for "other footwear with outer soles and uppers of rubber (except footwear having a foxing or a foxing-like band), etc."

These larger shoes were previously classified with the up to and including size 11 boys' athletic shoes that possess a foxing-like band under HTS 6402.99.80 as "other footwear with outer soles and uppers of rubber or plastics, etc."

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 (i.e., 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 (i.e., 2/16 of an inch) for classification as having a foxing-like band.)

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

(See ITT's Online Archives or 11/22/04 news, 04112260, for BP summary of the proposed rulings.)

February 2, 2005 CBP Bulletin (Vol. 39, No. 6) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2005/vol39_02022005_no6/