August 31, 2005 CBP Bulletin Notices on Certain Gloves With Coated Overlays and Certain Rayon Filament Yarn
In the August 31, 2005 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 39, No. 36), CBP issued notices: (a) proposing to modify a classification ruling on certain gloves with coated overlays, and (b) modifying a classification ruling on certain rayon filament yarn. CBP states that it is also proposing to revoke, or is 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According to CBP, the modification is effective for certain rayon filament yarn entered or withdrawn from warehouse for consumption on or after October 30, 2005.
CBP states that any party who has received a contrary ruling or decision on the merchandise that is subject to the proposed ruling, or any party involved with a substantially identical transaction, should advise CBP by September 30, 2005, the date that written comments on the proposed ruling 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 this notice.
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 Classification Ruling
Certain gloves with coated overlays. At issue is a pair of contractor's gloves which are unlined, with woven nylon spandex fourchettes, without cuffs and featuring a hook and loop closure on the backside wrist. The palm side is made up of knit nylon spandex, which has coated knit overlays on the palm side and palm side of the fingers and thumb. The thumb tip, and fingertips on both the palm and backsides also feature an additional set of overlays made up of a coated knit material. The coated knit overlays on the palm side and the palm side of the fingers and thumb cover over 90% of the surface area of that side of the gloves. The backside of the glove is made of a knit polyester fabric with a few plastic designs running down the back of the knuckle area and backs of the fingers.
CBP is proposing to issue HQ 967658 in order to modify NY L81297 and classify the gloves under HTS 6116.10.7520 (cat 631), which provides for "other gloves, knitted or crocheted, with fourchettes containing 50% of more by weight of cotton, man-made fibers (MMF) or other textile fiber, or any combination thereof" rather than under HTS 6116.93.9400 (cat 631), which provides for "other gloves, knitted or crocheted, of synthetic fibers with fourchettes."
CBP states that under General Rule of Interpretation 3(b), these contractor's gloves are composite goods which should be classified according to the factor which imparts their essential character. For the gloves at issue, CBP finds that the essential character is provided by the palm side coated knit overlays.
CBP explains that these overlays cover over 90% of the surface area on the palm side of the glove. CBP reasons that without these overlays, the gloves could not effectively function as contractor's, or work gloves, as they would offer only negligible protection and no assistance in gripping or grasping.
proposed: HTS 6116.10.7520 (cat 631), 13.2%; current: HTS 6116.93.9400 (cat 631), 18.6%.
Modification of a Classification Ruling
Certain Rayon Filament Yarn. At issue is rayon filament yarn described as 100% Bemberg cuprammonium rayon; 110 decitex; 75 filament; and twist of 1670 tpm.
CBP is issuing HQ 967717 in order to modify NY H86635 and reclassify the subject yarn in HTS 5403.39.0040 (cat 606) as "other yarn, single: other, multifilament with twist of 5 turns or more per meter" rather than in HTS 5403.32.0000 (cat 606) as "other yarn, single: of viscose rayon, with a twist exceeding 120 turns/m."
CBP states the Explanatory Notes (ENs) to Chapter 54 illustrate that cuprammonium rayon varies from viscose rayon. As the subject yarn is made of cuprammonium rayon and not viscose rayon, CBP states that it should be classified in HTS 5403.39, the provision covering cuprammonium rayon. Because the subject yarn has a twist of 5 turns or more per meter, CBP states that it should be specifically classified in HTS 5403.39.0040.
(See ITT's Online Archives or 07/15/05 news, 05071535, for BP summary of proposed HQ 967717.)
new: 5403.39.0040 (cat 606), 8%; previous: 5403.32.0000 (cat 606), 10%
August 31, 2005 CBP Bulletin (Vol. 39, No. 36) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2005/vol39_08312005_no36/