October 12, 2005 CBP Bulletin Notice on Certain Soccer Shinguards
In the October 12, 2005 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 39, No. 42), CBP issued a notice revoking one classification ruling on certain soccer shinguards. CBP states that it is also revoking any treatment it has previously accorded to substantially identical transactions that are contrary to its position in this notice.
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According to CBP, this revocation is effective for merchandise entered or withdrawn from warehouse for consumption on or after December 11, 2005.
CBP also states that this notice cover any rulings on the subject merchandise that may exist but have not been specifically identified.
Revocation of One Classification Ruling
Certain soccer shinguards. The article at issue is identified as the Franklin "Shin Sock," which is a soccer shinguard permanently encased in a knit polyester sock. The shinguard is constructed of a hard-plastic (high density polyethylene guard with EVA foam backing). The sock holding the shinguard is made of 100% polyester knit fabric.
CBP is issuing HQ 967738 in order to classify the shinguards under HTS 9506.99.2000, which provides for football, soccer, and polo articles and equipment, except balls, and parts and accessories thereof, rather than under HTS 6115.93.9020 (cat 632), which provides for other socks of synthetic fibers.
In light of the Court of Appeals for the Federal Circuit (CAFC) decision in Bauer Nike Hockey USA, Inc. v. U.S., CBP finds that the shinguards are covered by HTS 9506 because they are primarily worn for protection during sports1.
According to CBP, the subject articles incorporate a hard plastic protective guard designed exclusively to protect the shin against injury by absorbing blows, collisions, or flying objects while playing soccer. In addition, the features of the subject article make it especially suited for sports and impractical to use as everyday wearing apparel. Therefore, CBP finds that the subject articles should be classified in HTS 9506.
1 CBP has previously stated that generally, an article that is worn, which consists of textile and non-textile components, will be held to meet this criterion only if it incorporates thick non-textile protective guards or pads that are designed exclusively for protection against injury (i.e., having protective features with the sole or primary function of directly absorbing the impact of blows, collisions, or flying objects). Generally, these non-textile protective guards will be non-removable or specially-fitted to be inserted into textile parts of the articles, made of hard plastic or thick foam, and make the articles impractical to use as everyday wearing apparel. Articles with only textile or insubstantial non-textile padding will generally not meet this criterion.
proposed 9506.99.2000, duty-free; current: 6115.93.9020 (cat 632), 14.6%.
(See ITT's Online Archives or 05/20/05 news, 05052015, for BP summary of a CBP memorandum on the Bauer decision. See ITT's Online Archives or 07/26/05 news, 05072640, for BP summary of proposed HQ 967738 and other proposed revocations/modifications for protective sports equipment.)
October 12, 2005 CBP Bulletin (Vol. 39, No. 42) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2005/vol39_10122005_no42/