Dec. 23 CBP Bulletin Proposes to Revoke Rulings on Image Transferring Textiles, Tapeffiti Book
In the Dec. 23 issue of the CBP Customs Bulletin (Vol. 49, No. 51) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for image transferring textiles and tapeffiti design books.
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
Comments on Proposals Due Jan. 22
CBP said consideration will be given to any written comments received by Jan. 22 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 or modify 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.
Heat Transfers
| Item: Rayon flocking on carrier paper, with an adhesive, in the design of a bow. The bow design will be heat-transferred to a mesh fabric on the side panel of a brassiere. |
| Current: 5601.30.00, 0.5%, (Textile flock and dust and mill neps) |
| Proposed: 4908.90.00, Free, (Transfers (decalcomanias): Other) |
| Reason: Heat transfers of flocking intended to decorate apparel are manufactured using similar machinery to that used in printing with ink and are used in the same manner as heat transfers made from other media, said CBP. CBP therefore consider the merchandise to be "printed matter," it said. |
| Proposed for revocation: NY J81335 (2003), NY J80560 (2003), NY E85712 (1999) |
| Proposed new ruling: HQ H265493 |
Tapeffiti Design Books
| Item: The set comprises a spiral bound design guide book containing illustrated instructions and cutout sheets, 15 rolls of fashion decal tape, and a manual tape cutting device referred to as a “tape dispenser.” The tape roll is placed on the cutting device’s spool so that the tape can be manually pulled over the cutting channel. By manually sliding the cutting edge through the cutting channel, the tape is cut to the desired length. The tape can then be affixed to the object that is to be decorated. |
| Current: 8479.89.9899 , 2.5%, (Machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): Other machines and mechanical appliances: Other: Other: Other: Other.) |
| Proposed: 9503.00.007, Free, (Tricycles, scooters, pedal cars and similar wheeled toys; dolls’ carriages; dolls, other toys; reduced scale models, working or not; puzzles of all kinds; parts and accessories thereof: “Children’s products” as defined in 15 U.S.C. § 2052: Other: Labeled or determined by importer as intended for use by persons: 3 to 12 years of age.) |
| Reason: This Tapeffiti Design Guide kit is an educational toy, consistent with CBP’s prior rulings addressing similar issues, said CBP. It encourages self-learning, direction following as well as fostering imagination, and supporting manipulative play value. |
| Proposed for revocation: NY N248844 (2014) |
| Proposed new ruling: HQ H254152 |