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June 4, 2008 CBP Bulletin Notice on Classification of Certain Knit Sleeve Protectors

In the June 4, 2008 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 42, No. 24), CBP published a notice modifying a classification ruling and revoking a treatment as follows:

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Modification of ruling, revocation of treatment.CBP is modifying a ruling on the classification of certain knit sleeve protectors. CBP is also revoking any treatment it has previously accorded to substantially identical transactions.

According to CBP, the modification and revocation are effective for merchandise entered or withdrawn from warehouse for consumption on or after August 3, 2008.

Certain 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 issuing 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 makes 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 now determines that the item is properly classified as a clothing accessory, based on the Explanatory Notes (ENs) to HTS 6117, which specifically lists sleeve protector as an exemplar of clothing accessories. In addition, this modification corresponds with CBP's treatment of various similar items in prior rulings (see bulletin for details).

New: 6117.80.9540, 14.6%; previous: 6307.90.9889, 7%

(See ITT's Online Archives or 04/01/08 news, 08040155, for BP summary of proposed HQ H006230.)

June 4, 2008 CBP Bulletin (Vol. 42, No. 24) available at http://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2008/