April 11, 2007 CBP Bulletin Notice on Certain Carrying Bags
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 carrying bags. 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.
Carrying bags. The merchandise is carrying bags of man-made fiber textile materials. The four styles of carrying bags are described as follows: 1. MR03: a ''mailbag'' made of 1000 denier nylon that measures approximately 26 inches in height 23 inches in width 4 inches in depth with a drawstring closure that fits through 3 spur grommets. 2. CB04: a ''top zip courier bag'' made of polyester with an inside entry window. The bag measures approximately 19 inches in height 24 inches in width. 3. LB04: a ''locking security bag'' made of 1000 denier nylon and measures approximately 14 inches in height 18 inches in width. It has a heavy-duty nickel silver zipper and heavy-duty pop-up lock. 4. FB03: a ''boxed bottom flame barrier bag'' that is made of a 1000 denier nylon exterior, single layer fiber-shield center and a 420 denier nylon interior. It also features a heavy-duty brass zipper, snap zipper flap and clear vinyl windows on each side and measures approximately 16 inches in height 21 inches in width 6 inches in depth. The bags are used for commercial purposes.
CBP is proposing to issue HQ W968162 in order to modify NY L89286 and reclassify the four styles in subheading 6305.39.0000 as "sacks and bags, of a kind used for the packing of goods: of man-made textile materials: other", rather than in subheading 4202.12.8030 and 4202.92.3031 as "attach cases, briefcases, school satchels, occupational luggage cases, and similar cases", and "travel, sport and similar bags", respectively, both "with outer surface of textile materials, of man-made fibers". CBP has determined these four styles were incorrectly classified in NY L89286 which included five styles. The classification of style number PR 532 remains unchanged.
In CBP's view, heading 4202 provides for containers used to convey personal articles in general, as opposed to bulk or commercial goods. As the bags are used for transportation, conveyance and storage of various commercial documents and articles such as mail/parcel documents and currency, CBP states they are precluded from classification in 4202 and are more appropriately classified in 6305.
proposed: 6305.39.0000, 8.4 %, cat. 669; current: 4202.12.8030 and 4202.92.3031, 17.6%, cat. 670
April 11, 2007 CBP Bulletin (Vol. 41, No.16) available athttp://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2007/