April 12 CBP Bulletin Proposes to Revoke Rulings on Sleep Sacks, Football Pants
In the April 12 issue of the CBP Customs Bulletin (Vol. 51, No. 15) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for sleep sacks and football girdles and pants.
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Comments on Proposals Due May 12
CBP said consideration will be given to any written comments received by May 12 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.
Sleep Sacks
| Item: A 100 percent woven cotton sleeping sack from China sewn together on three sides. One end of the sack has an 11 1/2 inch pocket which is formed by a folded length of material sewn on its sides, which can be used to accommodate the insertion of a pillow. The portion of the top sheet near the pillow insert is not sewn down, forming a flap which allows a person to easily slip into and out of the sleep sack. |
| Current: 6302.32.2060, 11.4%, “Bed linen, table linen, toilet linen and kitchen linen: other bed linen: of man-made fibers: other.... other: other." |
| Proposed: 6307.90.98, 7%, “Other made up articles, including dress patterns: Other: Other: Other." |
| Reason: The subject merchandise is designed and marketed primarily for use during travel, such as in a hammock, sleeping bag or independently, rather than on a “permanent structure or arrangement” as a bed linen. Since the sleep sacks are not classifiable more specifically in any other heading, we find that they are classifiable in heading 6307, CBP said. |
| Proposed for revocation: NY N012720 (2007), NY H81550 (2001), NY F84497 (2000), NY C89291 (1998), NY 817811, (1996), HQ 950620 (1992), HQ 089134 (1991), HQ 089137 (1991) and HQ 088149 (1990). |
| Proposed new ruling: HQ H243928 |
Football Girdles and Pants
| Item: Football pants with sewn in padding. |
| Current: 9506.99.2000, Free, “football...articles and equipment." |
| Proposed: 6114.30.30, 14.9%, “Other garments, knitted or crocheted: Of manmade fibers: Other." |
| Reason: "While the material and location of the padding may lend the instant pants and girdles to a particular use, for example, while playing football, it does not cause them to be something other than apparel. They have not been so transformed as to lose their character as 'apparel,'" CBP said. "This analysis is consistent with the ENs to 95.06, specifically the protective exemplars in the EN 95.06(B) which includes therein, fencing masks, breast plates, elbow and knee pads, cricket pads, shin-guards, ice hockey pants with built-in guards and pads. These exemplars refer to items worn by a user almost exclusively for protection. They do not include articles that are apparel-like; rather, they are articles that have minimal textile components. They are distinguishable from the protective pants and girdles at issue here, and for these reasons, the pants and girdles at issue are not 'sports equipment' within the scope of heading 9506." |
| Proposed for revocation: NY N007196 (2007), and NY N052472 (2009) |
| Proposed for modification: NY M80510 (2006) |
| Proposed new ruling: HQ H274971 |