Newly Released CBP HQ Rulings for May 31
The Customs Rulings Online Search System (CROSS) was updated May 31 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
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H324935: Tariff classification of a knit women’s upper body garment
| Ruling: The garment is classified in subheading 6106.10.00, 19.7%, “Women’s or girls’ blouses and shirts, knitted or crocheted: Of cotton.” |
| Issue: whether the women’s knit upper body garment is a blouse of heading 6106, which provides for “Women’s or girls’ blouses and shirts, knitted or crocheted: Of cotton” or a pullover of heading 6110, which provides for “Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted” |
| Item: A women’s knit upper body garment constructed of 57% cotton, 38% rayon, and 5% spandex jersey, by weight. The garment has a curved bottom hem, crew neckline without an opening, and ¾ sleeve length and measures more than 10 stitches per linear centimeter in each direction counted on an area measuring at least 10 cm by 10 cm. |
| Reason: The garment does not cling close to the body. The upper-body garment is loose-fitting and meets the criterion required for the term “blouses.” |
| Ruling Date: May 26, 2022 |
H325360: Tariff classification of a knit women’s upper body garment
| Ruling: The garment is classified in subheading 6106.10.00, 19.7%, “Women’s or girls’ blouses and shirts, knitted or crocheted: Of cotton.” |
| Issue: whether the women’s knit upper body garment is a blouse of heading 6106, which provides for “Women’s or girls’ blouses and shirts, knitted or crocheted: Of cotton” or a pullover of heading 6110, which provides for “Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted” |
| Item: A women’s knit upper body garment constructed of 100% cotton, by weight. The garment has a hemmed bottom that extends below the waist, a round neckline without an opening, and short sleeves. The garment measures more than 10 stitches per linear centimeter in each direction counted on an area measuring at least 10 cm by 10 cm. |
| Reason: The garment does not cling close to the body. The upper-body garment is loose-fitting and meets the criterion required for the term “blouses.” |
| Ruling Date: May 26, 2022 |
H312460: Reconsideration of NY N311960; tariff classification of a chair
| Ruling: NY N311960. The chair will remain classified under 9401.71.0011. |
| Issue: whether a chair should be classified under 9401.71.0011, as an “other household" article or under subheading 9401.71.0031, as simply "other" |
| Item: A polyurethane textile fabric, padded, upholstered, swivel, stool-seat having armrests and a backrest affixed to a metal frame for the seating of a single individual. The stool-seat is bar height, of which 26” in length exist from the floor to the seat base. A metal footrest is located at the base of the frame. The stool-seat dimensions are 22.5” in width, 19.5” in depth, 44” in height, and weighs 37 lbs. The seat fabric will be available in different PU fabric colors and the metal frame will be available in a powder coated finish or a brushed stainless steel finish. Product literature also states the stool-seat will be available in a counter height or a bar height. |
| Reason: The general physical characteristics of the café chair do not suggest a particular use. There is no documentation substantiating the chair’s principal use in a commercial setting over that of a household setting. |
| Ruling Date: May 9, 2022 |