June 7 CBP Bulletin Proposes to Revoke, Modify Rulings on Polyester Yarn, Earthmover Tires
In the June 7 issue of the CBP Customs Bulletin (Vol. 51, No. 23) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for polyester yarn and earthmover tires.
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 July 7
CBP said consideration will be given to any written comments received by July 7 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.
Polyester Yarn
| Item: Polyester yarn, known as an air entangled yarn, composed of elastomeric core yarn (13 percent by weight) which is covered by textured polyester filament (97 percent by weight) by an air entanglement process. |
| Current: 5402.31.6000, 8%, "Synthetic filament yarn (other than sewing thread), not put up for retail sale, including synthetic monofilament of less than 67 decitex: Textured yarn: Of nylon or other polyamides, measuring per single yarn not more than 500 decitex: Multiple (folded) or cabled yarn." |
| Proposed: 5402.33.60, 8%, “Synthetic filament yarn (other than sewing thread), not put up for retail sale, including synthetic monofilament of less than 67 decitex: Textured yarn: Of polyesters: Multiple (folded) or cabled yarn.” |
| Reason: The yarn is not of nylon, but of polyester filament with an elastomeric core yarn. |
| Proposed for modification: NY N273725 (2016) |
| Proposed new ruling: HQ H284749 |
Earthmover Tires
| Item: Two models of earthmover tires marked on the sidewall with the TRA codes E2 and E3, and the size designations 17.5R25 and 18.00R25, respectively. Both models are designed for off-road use, including in quarries. |
| Current: 4011.20.10, 4%, “New pneumatic tires of rubber: Of a kind used on buses or trucks: Radial." |
| Proposed: 4011.80.20, 4%, “New pneumatic tires, of rubber: Of a kind used on construction, mining or industrial handling vehicles and machines: Other: Radial." |
| Reason: The tires are used primarily in off-road conditions in mines and quarries. They are not of a class or kind used on trucks. |
| Proposed for modification: NY I80181 (2002) |
| Proposed new ruling: HQ H272344 |