June 7 CBP Bulletin Proposes to Revoke, Modify Rulings on Nursing Pads, Nut Setters
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 nursing/breast pads and nut setters.
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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.
Nursing/Breast Pads
| Item: Disc-shaped, washable breast pads of knit fabric that are used to absorb and prevent leakage of breast milk on the bra and clothing of breast feeding mothers. The double layered pads are made up of viscose derived from bamboo to absorb the milk. The outer layer is coated with polyurethane to prevent any leakage onto clothing. |
| Current: 6307.90.9889, 7%, “Other made up textile articles, including dress patterns: Other: Other: Other: Other: Other.” |
| Proposed: 9619.00.64, 14.9%, “Sanitary towels (pads) and tampons, diapers and diaper liners for babies and similar articles, of any material: Other, of textile materials: Knitted or crocheted: Of man-made fibers.” |
| Reason: Though such articles were previously classified according to their materials, new heading 9619 was added to the HTS in 2012 to provide for sanitary towels and similar articles. Nursing pads meet the requirements for classification under that subheading, according to Explanatory Note 96.19. |
| Proposed for revocation: NY N264127 (2015) |
| Proposed new ruling: HQ H283468 |
Nut Setters
| Item: Interchangeable tools consisting of a design that fits over the head of hexagonal head fasteners. The nut setters are designed to be fitted for and used with hand tools or power-driven hand tools but are also designed to be fitted over the head of a bolt, screw, or nut |
| Current: 8207.90.60, 4.3%, “Interchangeable tools, whether or not power operated, or for machine-tools (for example, for pressing, stamping, punching, tapping, threading, drilling, boring, broaching, milling, turning or screwdriving), including dies for drawing or extruding metal, and rock drilling or earth boring tools; base metal parts thereof: Other interchangeable tools, and parts thereof: Other: Other: Not suitable for cutting metal, and parts thereof: For handtools, and parts thereof.” |
| Proposed: 8204.20.00, 9%, “Hand-operated spanners and wrenches (including torque meter wrenches but not including tap wrenches); socket wrenches, with or without handles, drives or extensions; base metal parts thereof: Socket wrenches, with or without handles, drives and extensions, and parts thereof.” |
| Reason: As both interchangeable tools and sockets without handles, the nut setters are more specifically described as sockets without handles in heading 8204. |
| Proposed for modification: NY E84374 (1999) |
| Proposed new ruling: HQ H280763 |