Feb. 23 CBP Bulletin Proposes to Revoke Rulings on Babies' Swimwear, Urine Drainage Bags
In the Feb. 23 Customs Bulletin (Vol. 56, No. 7), CBP published a proposal to revoke rulings on babies' swimwear and plastic urine drainage bags.
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Comments on Proposals Due March 25
CBP said consideration will be given to any written comments received by March 25 before taking these actions. In addition, any party that has received a ruling or decision on the merchandise that is subject to the proposed revocations or modifications, or any party involved with a substantially identical transaction, should advise CBP by the date that written comments on the proposed ruling are due. (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 agents for importations after the effective date of the final decision in this notice.)
Proposals
CBP is proposing to revoke or modify the rulings below, and any rulings on these products that may exist but have not been specifically identified. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Babies' Swimwear
| Item: Babies’ swimwear with an interior diaper component. The outer shells and interior linings of both garments are constructed of polyester knit fabric. Between the outer shells and the interior linings is an interior layer of thin nylon woven fabric that has a polyurethane coating. The lining assists in preventing waste and bacteria from getting into the water. |
| Current: Heading 6111, “Babies’ garments and clothing accessories, knitted or crocheted.” |
| Proposed: 9619.00, “Sanitary towels (pads) and tampons, diapers and diaper liners for babies and similar articles, of any material.” |
| Reason: The absorbent component imparts the essential character. |
| Proposed for revocation: NY N245655, dated Sept. 12, 2013 |
| Proposed new ruling: HQ H304671 |
Plastic Urine Drainage Bags
| Item: A transparent bag marked in milliliters to permit measurement of urine and connective tubes. The leg bag also features leg straps. |
| Current: 9018.90.80, Free, "Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments; parts and accessories thereof: Other instruments and appliances and parts and accessories thereof: Other: Other.” |
| Proposed: 3926.90.99, "Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other.” |
| Reason: Articles of Chapter 90 are excluded from classification in Chapter 39 unless they are “capacity measures” under Note 1(m) to Chapter 90, in which case they are to be classified according to their constituent material. The subject urine drainage bags are marked in milliliters to permit measurement of urine by virtue of the capacity of the bags. They are “capacity measures” and thereby precluded from classification in heading 9018. |
| Proposed for revocation: NY E83373, dated June 28, 1999 |
| Proposed new ruling: HQ H322386 |