May 6 CBP Bulletin Proposes to Revoke Rulings on Polyvinyl Alcohol Fibers, Surgical Drapes
In the May 6 issue of the CBP Customs Bulletin (Vol. 49, No. 18) (here), CBP published notices that propose to revoke rulings and similar treatment for the tariff classification of polyvinyl alcohol fibers and self-adhesive surgical drapes.
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Comments on Proposals Due June 5
CBP said consideration will be given to any written comments received by June 5 before taking this action. In addition, any party who has received a ruling or decision on the merchandise that is subject to the proposed revocations or modifications, or any party involved with a substantially identical transaction, should advise CBP by the date that written comments on the proposed ruling are due. (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 agents for importations subsequent to the effective date of the final decision in this notice.)
Proposals
CBP is proposing to revoke the rulings below, and any rulings on these products that may exist but have not been specifically identified. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Polyvinyl Alcohol Fibers
| Item: Polyvinyl alcohol (PVA) fibers in loose fiber form. The spun fiber has been chopped into lengths of less than 5mm. |
| Current: 5503.90.90, 4.3%, (Synthetic staple fibers, not carded, combed, or otherwise processed for spinning: Other: Other.) |
| Proposed: 5601.30.00, free, (Wadding of textile materials and articles thereof; textile fibers, not exceeding 5 mm in length (flock), textile dust and mill neps: Textile flock and dust and mill neps.) |
| Reason: While Chapter 55 generally provides for man made staple fibers, textile fibers of 5 mm or less are classified in heading 5601. Heading 5601 specifically provides for “textile fibers, not exceeding 5 mm in length.” In addition, the General Explanatory Note to Chapter 55 says that fibers of that chapter are cut into lengths of 25 mm to 180 mm, and textile fibers not exceeding 5mm in length of heading 5601 are specifically excluded. |
| Proposed for revocation: NY R04929 (2006) |
| Proposed new ruling: HQ H209959 |
Self-Adhesive Surgical Drapes
| Item: Self-adhesive therapy drape used with Vacuum Assisted Closure (V.A.C.) therapy apparatus, which uses an electric suction pump with a storage container to assist in the removal of fluids from severe wounds and keep the wound from opening. A V.A.C. therapy system dressing kit generally consists of a foam plastic dressing to be placed directly over the wound, a self-adhesive plastic sheet called a therapy drape for holding the foam dressing in place, and tubing and connectors to secure to the suction pump. The surgical drapes are exclusively intended for direct sale without re-packing to medical professionals for use in wound care and treatment. They are not impregnated or coated with pharmaceutical substances. |
| Current: 3919.90.5060, 5.8%, (Self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, whether or not exceeding 20 cm.) |
| Proposed: 3005.10.50, Free, (Wadding, gauze, bandages and similar articles (for example, dressings, adhesive plasters, poultices), impregnated or coated with pharmaceutical substances or put up in forms or packings for retail sale for medical, surgical, dental or veterinary purposes: Adhesive dressings and other articles having an adhesive layer: Other.) |
| Reason: Heading 3005 covers bandages impregnated or coated with pharmaceutical substances, or bandages that have not been impregnated provided they are exclusively intended (e.g., because of the labels affixed or special folding) for sale directly without re-packing, to users (private persons, hospitals, etc.) for use for medical, surgical, dental or veterinary purposes. Although the self-adhesive surgical drapes are not impregnated, they are put up in forms or packings for retail sale for medical, surgical, dental or veterinary purposes. As goods classifiable in heading 3005, they are excluded by Note 2 to Section VI from classification in any other heading of the HTS. |
| Proposed for revocation: NY N175698 (2011) |
| Proposed new ruling: HQ H196055 |