July 6 CBP Bulletin Proposes To Revoke Ruling on Various Bags With Cartoon Characters
In the July 6 issue of the CBP Customs Bulletin (Vol. 50, No. 27) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for the classification of a rolling pullman case, two backpacks, a tote bag and an insulated lunch bag.
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Comments on Proposals Due Aug. 5
CBP said consideration will be given to any written comments received by Aug. 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 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.
Rolling Pullman Case, Backpacks, Tote Bag and Lunch Bag
| Item: A rolling pullman case that has a telescopic handle, backpack, tote bag and insulated lunch bag. Each includes exterior PVC sheeting with printed cartoons. |
| Current: Rolling Pullman Case: 4202.12.8070, 17.6%, “Trunks, suitcases, vanity cases and similar containers, with outer surface of textile materials, other, other, of man-made fibers." Backpacks and Totebag: 4202.92.3020, 17.6%, "Travel, sport and similar bags, with outer surface of textile materials, other man-made fibers, backpacks." Tote Bag: 4202.92.3031, 17.6%, "Travel bags, with outer surface of textile materials, other, of man-made fibers." Insulated Lunch Bag: 4202.92.0807, 7%, "Insulated food and beverage bags, with outer surface of textile materials, other, of man-made fibers." |
| Proposed: Rolling Pullman Case:4202.12.20, 20%, “Trunks, suitcases, vanity cases, attache cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; traveling bags, insulated food or beverage bags, toiletry bags, knapsacks and backpacks, handbags, shopping bags, wallets, purses, map cases, cigarette cases, tobacco pouches, tool bags, sports bags, bottle cases, jewelry boxes, powder cases, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanized fiber or of paperboard, or wholly or mainly covered with such materials or with paper: Trunks, suitcases, vanity cases, attache cases, briefcases, school satchels and similar containers: With outer surface of plastics or of textile materials: With outer surface of plastics." Backpacks and Totebag: 4202.92.45, 20%, "Trunks, suitcases, vanity cases, attache cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers...: Other: With outer surface of sheeting of plastic or of textile materials: Travel, sports and similar bags: Other." Insulated Lunch Bag: 4202.92.10, 3.4%, "Trunks,...and similar containers; traveling bags, insulated food or beverage bags, toiletry bags, knapsacks and backpacks, handbags, shopping bags, wallets, purses, map cases, cigarette cases, tobacco pouches, tool bags, sports bags, bottle cases, jewelry boxes, powder cases, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanized fiber or of paperboard, or wholly or mainly covered with such materials or with paper: Other: With outer surface of sheeting of plastic or of textile materials: Insulated food or beverage bags: Other." |
| Reason: "The relative external surface area is not the only factor in the classification of such bags" and the inclusion of certain characters on the bags affects the essential character, CBP said. "The plastic front panels of the instant bags feature the popular cartoon characters Dora the Explorer, Tinkerbell, and Spongebob, and characters from the "Cars" movie. These bags have an immediate visual appeal that is geared towards children, a particularly demanding and vociferous group of customers who are not likely to concern themselves with the composition, cost, sturdiness, or durability of a bag as opposed to the appeal of the design and the specific character represented." |
| Proposed for revocation: NY M82559 (2006), NY M84189 (2006) |
| Proposed new ruling: HQ H275674 |