Aug. 24 CBP Bulletin Proposes to Revoke Rulings on Inflatable Floats, Plastic Sheets
In the Aug. 24 issue of the CBP Customs Bulletin (Vol. 50, No. 34) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for the classification of inflatable floats and plastic sheets from China.
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Comments on Proposals Due Sept. 23
CBP said consideration will be given to any written comments received by Sept. 23 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 was previously accorded to substantially identical transactions.
Inflatable Aquatic Articles for Physical Recreation
| Item: Plastic inflatable floats meant for use in calm open water. The products include a water trampoline and a slide. |
| Current: 3926.90.7500, 4.2%, “Articles of plastics ... pneumatic mattresses and other inflatable articles, not elsewhere specified or included.." |
| Proposed: 9506.99.6080, 4%, “Articles and equipment for general physical exercise, gymnastics, athletics, other sports (including table-tennis) or outdoor games, not specified or included elsewhere in this chapter; swimming pools and wading pools; parts and accessories thereof: ... Other: ... Other: ... Other.” |
| Reason: While it may be possible to lounge upon these articles, that is not their primary function nor would a consumer buy such articles principally for this purpose, CBP said. The products "are akin to outdoor play equipment (albeit for use in calm open water) and are thus classifiable under heading 9506," it said. |
| Proposed for revocation: NY K88277 (2004), NY F84500 (2000), and NY N019683 (2007) |
| Proposed new ruling: HQ H225359 |
Plastic Sheets from China
| Item: Two types of plastic sheets from China. CoverFab is constructed of cellular polyvinyl chloride (PVC) reinforced with polyester textile. Safety Pool Fabric is constructed of black interwoven strips of plastic measuring less than 5 mm in width; this constitutes a textile. The textile has been coated on both sides with a colored plastic material. |
| Current: Cover Fab: 3921.12.1950, 5.3%, “Other plates, sheets, film, foil and strip, of plastics: Cellular: Of polymers of vinyl chloride: Combined with textile materials: Other: Other."; Safety Pool Fabric: 3921.90.1950, 5.3%, "Other plates, sheets, film, foil and strip, of plastics: Other: Combined with textile materials and weighing not more than 1.492 kg/m2: Other: Other." |
| Proposed: Cover Fab: 3921.12.1100, 4.2%, “Other plates, sheets, film, foil and strip, of plastics: Cellular: Of polymers of vinyl chloride: Combined with textile materials: Products with textile components in which man-made fibers predominate by weight over any other single textile fiber: Over 70 percent by weight of plastics."; Safety Pool Fabric: 3921.90.1100, 4.2%, "Other plates, sheets, film, foil and strip, of plastics: Other: Combined with textile materials and weighing not more than 1.492 kg/m2: Products with textile components in which man-made fibers predominate by weight over any other single textile fiber: Over 70 percent by weight of plastics." |
| Reason: A 2009 court ruling held that the term “predominate,” as it relates to goods of Chapter 39, applies to circumstances wherein a single man-made fiber predominates by weight over any other single textile fiber, CBP said. That determines the classifications at issue here, it said. |
| Proposed for revocation: NY N262339 (2015) |
| Proposed new ruling: HQ H264986 |