September 28, 2005 CBP Bulletin Notices on Cutlery Sets and Certain Disposable Coveralls

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 October 28, 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 Two Classification Rulings

Cutlery Sets.Proposed HQ 967754. The merchandise at issue in this proposed modification consists of six steak knives, one parer knife, one utility knife, one boner knife, one bread knife, one chef knife, one butcher's knife, a scissors, and a hardwood storage block for the knives and scissors. All knives have stainless steel blades and wood handles while the scissors has a plastic handle. Alternatively, the merchandise can consist of everything except scissors.

CBP is proposing to issue HQ 967754 in order to modify HQ 956603 in order to correct the legal authority for classifying the subject cutlery set under HTS 8211.10.0000 as knives with cutting blades, serrated or not (including pruning knives), other than knives of HTS 8208, and blades and other base metal parts thereof: sets of assorted articles. CBP notes that the classification of the scissors in HTS 8213 remains unaffected by this modification.

With regard to the items at issue in proposed HQ 967754, CBP explains that HQ 956603 concluded that as long as knives predominate in numbers over the other articles of the set, under General Rule of Interpretation (GRI) 1, the terms of HTS 8211 have been met. At the time, CBP believed that the intent of the drafters of both the HTS and the Explanatory Notes (ENs) was for sets such as the subject cutlery sets to be classifiable under HTS 8211. However, CBP now feels that this interpretation is incorrect inasmuch as it represents an expansion of the scope of HTS 8211 not authorized under GRI 1.

CBP is now proposing that the items at issue should be classified under HTS 8211 pursuant to GRI 3(b) which, in relevant part, states that goods put up in sets for retail sale shall be classified as if they consisted of the component which gives them their essential character. CBP finds that because the knives predominate by bulk, quantity, weight, and, presumably, by value, they impart the essential character. Therefore, this set continues to be classified under HTS 8211.10.0000.

Proposed HQ 967755. This proposed modification concerns three items. Item 1 consists of a carving knife, a utility knife, a plastic combination storage scabbard/sharpening cassette for each knife containing two angled tungsten carbide sharpening blocks. CBP states that the knives are sharpened as they are withdrawn through the carbide blocks. Item 2 consists of a carving knife, and utility knife, a paring knife, a vegetable knife, and a chef's knife plus a combination sharpening cassette/wooden block with individual slots for each knife. Item 3 consists of a carving knife and combination scabbard/sharpening cassette, plus a carving fork attached to a plastic holder. The classification of a fourth item would not be affected by the proposed modification.

CBP is proposing to issue HQ 967755 in order to modify HQ 087515 and reclassify items 1 and 2 under HTS 8211.10.0000 as knives with cutting blades, serrated or not (including pruning knives), other than knives of HTS 8208, and blades and other base metal parts thereof: sets of assorted articles rather than in HTS 8211.92.2000, as kitchen and butcher knives having fixed blades with rubber or plastic handles. Item 3 continues to be classified under HTS 8215.20.000 as other sets of assorted articles, but for different reasons than stated in HQ 087515.

With respect to proposed 967755, CBP states that, under the authority of GRI 3(b), items 1 and 2 are provided for more narrowly and specifically in HTS 8211.10.0000 because this heading's scope is limited to sets of different knives or sets of assorted articles, in which the knives predominate in number over the other articles.

With regard to item 3, CBP states that this set differs from items 1 and 2 as it contains one knife and one fork. Under HQ 087515, CBP had classified the item pursuant to GRI 1 under HTS 8215.20.0000; however, no consideration was given to the plastic scabbard which HQ 087515 found was described by HTS 3924 as other household articles of plastic. For this reason, item 3 cannot be classified pursuant to GRI 1. CBP now believes this set meets the criteria for classification as a set pursuant to GRI 3(b). However, because both the knife and fork are for "carving," CBP concluded that neither can be said to be more significant to the set than the other component. Therefore, pursuant to GRI 3(c), this item will be classified under the HTS heading which occurs last in numerical order among those which equally merit consideration, which in this case is HTS 8215.20.00.

HQ 967754:

proposed: 8211.10.0000, the rate of duty applicable to that article in the set subject to the highest rate of duty; current: same.

HQ 967755:

proposed: 8211.10.000, the rate of duty applicable to that article in the set subject to the highest rate of duty & 8215.20.0000, the rate of duty applicable to that article in the set subject to the highest rate of duty; current: 8211.92.2000, 0.8 each 4.6%.

Withdrawal of a Proposed Modification of a Classification Ruling

Disposable coveralls. At issue were two styles of disposable coveralls, one of which was composed of SMS polypropylene non-woven fabric and the other of polypropylene non-woven fabric with a clear polyethylene coating. Both garments features a full frontal opening with a zipper closure, a tight fitting collar, long sleeves with elasticized cuffs and separate elasticized shoe covers.

CBP had proposed to issue HQ 967599 in order to modify NY L80753 and reclassify the subject coveralls in HTS 6210.10.9010 as "overalls and coveralls" rather than in HTS 6210.10.5000 as "nonwoven disposable apparel designed for use in hospitals, clinics, laboratories or contaminated areas."

CBP states that it has determined not to proceed with the modification as the two styles of disposable coveralls are designed for uses set forth in HTS 6210.10.5000.

the top layer is Spunbounded polypropylene, middle layer is Meltblown polypropylene, and bottom layer is Spundbounded polypropylene.

(See ITT's Online Archives or 06/24/05 news, 05062430, for BP summary of the proposed modification.)

September 28, 2005 CBP Bulletin (Vol. 39, No. 40) available athttp://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2005/vol39_09282005_no40/