February 16, 2005 CBP Bulletin Notices on Tennis Balls and Men's Short Sleeve Oversized Nylon Pullover Garments
In the February 16, 2005 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 39, No. 8), CBP issued notices: (a) revoking a classification ruling on tennis balls, and (b) revoking a classification ruling on men's short sleeve oversized nylon pullover garments. 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According to CBP, these revocations are effective for merchandise entered or withdrawn from warehouse for consumption on or after April 17, 2005. CBP also states that these notices cover any rulings on the subject merchandise that may exist but have not been specifically identified.
Revocation of Two Classification Rulings
Tennis Balls. At issue are three multicolored pet toy tennis balls that are decorated with paw prints and made of natural rubber.
CBP is issuing HQ 967293 in order to revoke NY J82455 and reclassify the balls in HTS 9506.61.0000 as "lawn-tennis balls" rather than in HTS 4016.99.2000 as "toys for pets of vulcanized rubber other than hard rubber."
CBP states, among other things, that regardless of the fact that the balls may ultimately be used as pet toys, examination of the available information leads CBP to conclude that, upon importation, they are of the class or kind of ball that is considered a tennis ball. According to CBP, the balls' ultimate use by pets is not determinative for purposes of classification.
(See ITT's Online Archives or 11/23/04 news, 04112350, for BP summary of the proposed revocation.)
new: 9506.61.0000, duty-free; previous: 4016.99.2000, 4.3%.
Men's Short Sleeve Oversized Nylon Pullover Garments. At issue are men's upper body garments identified as short sleeve pullover jackets. They are made of 100% woven nylon fabric and feature short sleeves, a short stand up collar, a partial front opening beginning at the neck and extending down for approximately five inches which is secured shut with a zipper, a tunneled hemmed bottom with an elasticized drawcord threaded through it, and a six inch long side vent with a zipper closure on the left side.
CBP is issuing HQ 967188 in order to revoke NY K84208 and reclassify the garments either in HTS 6201.93.3000 as "other water resistant anoraks (including ski jackets), windbreakers and similar articles (including padded, sleeveless jackets)" or in HTS 6201.93.3511 as "other men's anoraks (including ski jackets), windbreakers and similar articles (including padded, sleeveless jackets)" rather than in HTS 6205.30.2070 as "other men's shirts of man-made fiber (MMF)."
CBP states that The Guidelines for the Reporting of Imported Products in Various Textile and Apparel Categories, CIE 13/88 (which are used when the identity of a garment is ambiguous for classification purposes), set forth eleven criteria typically found on outerwear coats/jackets and further note that garments not possessing at least three of the listed features will be considered on an individual basis. Since the garments at issue possess only one of the Guidelines jacket criteria (i.e., they have a drawstring waistband), the garments must be considered on an individual basis.
According to CBP, the subject garments' features and oversized cut allowing them to be worn over other apparel cause the garments to have the character of wind-jackets; therefore, the garments are precluded from classification as shirts of HTS 6205, pursuant to the Explanatory Notes (ENs) for heading 6205. Instead, CBP states that the garments are classified in HTS 6201.93.3000 if they pass the water resistance test specified in HTS Chapter 62, Additional U.S. Note (AUSN) 2 or in HTS 6201.93.3511 if they do not pass such water resistance test.
(See ITT's Online Archives or 12/07/04 news, 04120735, for BP summary of the proposed revocation.)
new: 6201.93.3000 (cat 634), 7.1% or 6201.93.3511 (cat 634), 27.7%
previous: 6205.30.2070 (cat 640), 29.1/kg 25.9%
February 16, 2005 CBP Bulletin (Vol. 39, No. 8) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2005/vol39_02162005_no8/