March 20, 2008 CBP Bulletin Notice on Kevlar Sleeve Protectors
In the March 20, 2008 issue of the U.S. Customs and Border Protection Bulletin (Vol. 42, No. 13), 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 knit sleeve protectors. 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 modification and revocation, or any party involved with a substantially identical transaction, should advise CBP by April 19, 2008, 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.
Kevlar knit sleeve protectors. The merchandise is described as the Model 4000 series knit sleeve (also known as a sleeve protector). The sleeve protector is a snug and rugged arm protector constructed of knitted Kevlar material.
CBP is proposing to issue HQ H006230 in order to modify NY C88292 and reclassify the knit sleeve protectors under HTS 6117.80.9540, as "other made up clothing accessories" rather than under HTS 6307.90.9889 (previously 6307.90.9989) as "other made up articles." The other items in ruling NY C88292 remain unaffected.
CBP proposes this change as a correction. The rationale in NY C88292 behind classifying the sleeve protector within HTS heading 6307 was based on the fact that the product is called a sleeve, which can be part of a made up article, as opposed to the product's function as a clothing accessory under HTS heading 6117. However, CBP proposes this change based on the Explanatory Notes (ENs) to Chapter 6117 which list sleeve protectors specifically as one of the exemplars of clothing accessories. In addition, this proposed modification corresponds with CBP's treatment of various similar items in prior rulings (see bulletin for details).
Proposed: 6117.80.9540, 14.6%; current: 6307.90.9889, 7%
March 20, 2008 CBP Bulletin (Vol. 42, No. 13) available athttp://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2008/