April 11, 2007 CBP Bulletin Notice on Certain Mesh Debris Netting
In the April 11, 2007 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 41, No. 16), CBP published a notice proposing to modify a classification ruling and revoke a treatment as follows:
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Proposed modification of ruling; proposed revocation of treatment. CBP is proposing to modify a ruling on the classification of certain mesh debris netting. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
CBP states that any party who has received a contrary written ruling or decision on the merchandise that is subject to the proposed ruling modification, or any party involved with a substantially identical transaction, should advise CBP by May 11, 2007, 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.
In addition, CBP states that this notice covers any rulings on the subject merchandise that may exist but have not been specifically identified.
Mesh debris netting. The merchandise is described as mesh debris netting products used at construction sites to contain debris. The fabric is stated to be made of 100 percent polyester material of warp knit construction. It will be used to prevent any debris from falling to the ground when persons are working from a scaffold.
CBP is proposing to issue HQ H003043 in order to modify HQ 968200 to delete the "effect on other rulings" section. HQ 968200 was a reconsideration of four previously issued rulings: NY C87245, NY C87894, NY F80765, and NY F82010. In the "effect on other rulings" section it was stated that those rulings were affirmed by HQ 968200. However, CBP now recognizes that this statement is in error.
The two subheadings under which the merchandise was classified in the four NY rulings were deleted from the HTS in 2002. Consequently, NY F82010, NY F80765, NY C87894, and NY C87245 were revoked by operation of law on the date the two subheadings were deleted, and could not be "affirmed" by HQ 968200.
No change in classification: 6005.33.0010, 10%
April 11, 2007 CBP Bulletin (Vol. 41, No.16) available athttp://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2007/