August 30, 2006 CBP Bulletin Notices on a Foundation Undergarment and a Certain Laser Distance Meter
In the August 30, 2006 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 40, No. 36), CBP issued notices: (1) proposing to revoke a classification ruling on a foundation undergarment, and (2) modifying a classification ruling on a certain laser distance meter. CBP states that it is also proposing to revoke, or is revoking, any treatment it has previously accorded to substantially identical transactions.
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
According to CBP, the modification is effective for merchandise entered or withdrawn from warehouse for consumption on or after October 29, 2006.
With respect to the subject undergarment, CBP states that any party who has received an interpretive ruling or decision on subject merchandise, and/or any person involved in substantially identical transactions, should advise CBP by September 29, 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 a Classification Ruling
Foundation undergarment. The item at issue is a foundation undergarment, Style 7713. The lace cups, lace front and side panels, are constructed of 91% nylon and 9% elastane net and lace fabrics. Among other things, the garment extends below the waist and covers the upper abdomen. (See CBP's notice for complete description of the subject undergarment.)
CBP is proposing to issue HQ 967616 in order to revoke NY L82586 to reflect the proper classification of the undergarment under HTS 6212.90.0030 (cat 659) as other than brassieres, girdles/panty-girdles, or corsets: of man-made fibers or man-made fibers and rubber or plastics, rather than under 6212.30.0020 (cat 649), as corsets of man-made fibers.
After careful examination of the subject undergarment, CBP now concurs with the importer's assertion that the article does not provide a "cinching, reshaping or molding" function. The back panels of the garment are only 4.5 inches wide at the closure, which provides little cinching effect at the waist. Furthermore, the front side panels are constructed of very lightweight elastic fabric designed to stretch to accommodate the wearer's body type rather than to cinch, reshape, or mold the waistline or abdomen.
In addition, CBP states that although the subject undergarment is designed to support the bustline, it fails to provide the necessary reshaping, molding, or cinching effect to the torso and upper abdomen while also failing to diminish the waistline. Consistent with HQ 964224, HQ 956668, and HQ 959284, CBP finds that the subject undergarment is not a corset, but is "similar to a corset" which is specifically provided for under heading 6212, and in the Explanatory Notes (ENs). As such, CBP has determined that the subject undergarment is properly classified as an "Other" garment under 6212.90.0030 (cat 659).
proposed: HTS 6212.90.0030 (cat 659), 6.6%; current: 6212.30.0020 (cat 649), 23.5%.
Modification of a Classification Ruling
Certain laser distance meter. The item at issue is the Leica Disto-a hand-held laser meter used to measure lengths, widths and heights at distances of up to 30 meters without using a reflector. The user uses the visible laser beam to target an object without touching it. At the press of a key, the Disto calculates the distance to the laser target point and displays the result digitally, to the millimeter. It is primarily used at construction sites and for other field measurement work.
CBP is issuing HQ 968222 in order to modify NY B87809, and reclassify the subject merchandise under HTS 9015.10.4000, as electrical rangefinders; rather than under HTS 9017.80.0000, which provides for, inter alia, other instruments for measuring length, for use in hand, not specified or included elsewhere in chapter 90.
CBP has previously stated that based on its recent review of NY B87809, it has determined that the classification for the laser distance meter is incorrect. CBP learned that the Disto meter does not incorporate optical elements; specifically, the Disto product data sheet states that the Disto receivers convert the optical signals into electronic signals and the analog-digital-converters of the micro controller convert them into digital signals. CBP also learned that the Disto meter may be commercially described as a rangefinder.
Therefore, among other things, CBP finds that because the Disto meter is an instrument used for measuring distances, bearings and elevations of distance objects, it is specifically provided for in HTS 9015, as a rangefinder. Accordingly, CBP states that because the Disto meter is specifically provided for in HTS 9015, it is precluded from classification in HTS 9017.
new: HTS 9015.10.4000, duty-free; previous: 9017.80.0000, 5.3%.
(See ITT's Online Archives or 07/18/06 news, 06071860, for BP summary of proposed HQ 968222.)
August 30, 2006 CBP Bulletin (Vol. 40, No. 36) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2006/vol40_08302006_no36/