May 17, 2006 CBP Bulletin Notices on Electrode Steam Humidifiers and a Batting Jacket
In the May 17, 2006 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 40, No. 21), CBP issued notices: (1) proposing to revoke a classification ruling on two models of electrode steam humidifiers, and (2) revoking a classification ruling on a short-sleeved batting jacket. CBP states that it is also proposing to revoke, or is revoking, any treatment it has previously accorded to substantially identical transactions.
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According to CBP, the revocation for the subject batting jacket is effective for merchandise entered or withdrawn from warehouse for consumption on or after July 16, 2006.
CBP states that any party who has received an interpretive ruling or decision on the electrode steam humidifiers, and/or any person involved in substantially identical transactions should advise CBP by June 16, 2006, 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 Revocation of One Classification Ruling
Electrode steam humidifiers. CBP states that the humidifiers at issue create steam which is used to add moisture (i.e., humidity) to the air that passes through a furnace. The steam is produced by means of hot water produced by an electric current generated between electrodes immersed in the water. One model of humidifier is imported with a blower unit and the other is not; however, both models are operated by microcomputer. The products' literature suggests design features and specifications for industrial applications.
CBP is proposing to issue HQ 968027 in order to revoke HQ 958017 so as to classify the subject humidifiers under HTS 8516.10.0080 (duty-free), which provides for other water heaters and immersion heaters rather than under HTS 8543.80.75 (1996, currently: 8543.89.96, 2.6%), which provides for other electrical machines and apparatus, having individual functions, not specified or included elsewhere in Chapter 85, etc.
According to CBP, HQ 958017 discounted classification of the instant merchandise in HTS 8516 on the basis that the provision was limited to domestic-type appliances. However, CBP now believes that this is incorrect as the provision in HTS 8516 for electric instantaneous or storage water heaters and immersion heaters is not circumscribed by the requirement that they be for domestic purposes. CBP now believes that HTS 8516 provides for the two models of humidifiers at issue.
CBP explains that the HTS 85.16 Explanatory Notes (ENs) warrant the conclusion that the function of electrode boilers is to produce hot water with steam being a byproduct for the purpose of introducing moisture into the air (humidity), which eliminates HTS 8543 from consideration. Therefore, CBP finds that under the authority of General Rule of Interpretation (GRI) 1, the electrode steam humidifiers are provided for under HTS 8516.
proposed: 8516.10.0080, duty-free; current: 8543.80.75 (1996) now 8543.89.96, 2.6% .
Revocation of One Classification Ruling
Certain short-sleeved batting jacket. At issue is a garment identified as Style 985, which is described as a men's pullover shirt constructed from 100% nylon, woven taffeta fabric. The garment features a round neck; a partial front opening with two snap closures; short, hemmed sleeves; rib knit inserts at the armholes; and a straight bottom with a drawcord and a cord lock. The upper portion of the back panel is of mesh knit fabric covered with a free hanging nylon taffeta yoke. More specifically, the garment is a "short sleeved batting jacket" that is worn by baseball or softball players over their uniforms during batting practice or warmup.
CBP is issuing HQ 967839 in order to revoke NY L80081 and reclassify the batting jacket under HTS 6211.33.0061 as "Track suits, ski-suits, and swimwear; other garments: other garments, men's or boys: of man-made fibers, other;" rather than under 6205.30.2070 as "Men's or boys' shirts: of man-made fibers: other: other, other: other: men's."
CBP finds that due to its distinct styling and use, the short-sleeved batting jacket is not a jacket or jacket-type garment of HTS 6201, or a shirt of heading 6205, although the batting jacket may possess features of articles of both HTS headings.
Furthermore, the Explanatory Note (EN) to 6211 states, in pertinent part, that the EN to HTS 6114 concerning other garments also applies to articles within HTS heading 6211. The EN to 6114 states that the heading includes, inter alia: special articles of apparel used for certainsports or for dancing or gymnastics (e.g., fencing clothing, jockeys' silks, etc.). CBP considers that the term "certain" limits the scope of the heading to those articles of sporting apparel which, protective or otherwise, are as a general matter, worn only while engaging in the activity for which they were designed.
In determining if a particular garment is classifiable as a special article of sports apparel classifiable in heading 6114 or, as in the case of this batting jacket, heading 6211, CBP has looked to whether the garment is designed to be worn while engaged in a specific sport as illustrated by its ability to serve a particular function for that sport (such as giving additional protection to the wearer), and its recognized uniqueness to that sport. Finally, and crucially, CBP states that it also looks to whether the garment would be worn only while participating in the sport for which it is designed and would not ordinarily be worn at any other time.
Due to its unique construction and lack of qualities that would make the batting jacket practical or desirable to wear at other times other than playing baseball or softball (protection against the elements, the presence of team logos, etc.), CBP finds that the batting jacket style would not ordinarily be worn at any other time than while playing these sports.
As a result, CBP finds that the batting jacket should be classified in HTS heading 6211, as a special article of apparel used for baseball or softball-an "other" garment within 6211.
new: HTS 6211.33.0061 (cat 659), 16%; previous: 6205.30.2070 (cat 640), 29.1/kg25.9%.
(See ITT's Online Archives or 04/03/06 news, 06040340, for BP summary of proposed HQ 967839.)
May 17, 2006 CBP Bulletin (Vol. 40, No. 21) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2006/vol40_05172006_no21/