June 7 CBP Bulletin Proposes to Revoke, Modify Rulings on Nursing Pads, Foot Sleeves
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 foot sleeves.
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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: Washable breast pads used to absorb and prevent leakage of breast milk on the bra and clothing of nursing mothers. The nursing pad is faced with 100% woven cotton, the inner lining is non-woven 45% polyester and 55% rayon, and backed with 100% woven polypropylene. |
| Current: 6307.90.9889, 7%, “Other made up textile articles, including dress patterns: Other: Other: Other: Other: Other.” |
| Proposed: 9619.00.74, 16%, “Sanitary towels (pads) and tampons, diapers and diaper liners for babies and similar articles, of any material: Other, of textile materials: Other: 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 N245827 (2013), NY N213901 (2012), NY J84296 (2003), HQ 965723 (2002), HQ 965746 (2002), HQ 965719 (2002), HQ 963488 (2000), NY D82853 (1998), NY C81609 (1997) and HQ 953391 (1993) |
| Proposed for modification: HQ 965035 (2002) and NY 854729 (1990) |
| Proposed new ruling: HQ H283476 |
Foot Sleeves
| Item: Foot sleeves used to add comfort to the foot while walking. |
| Current: 6115.96.9020, 14.6%, “Panty hose, tights, stockings, socks and other hosiery, including stockings for varicose veins, and footwear without applied soles, knitted or crocheted: other: of synthetic fibers: other ... other.” |
| Proposed: 6307.90.98, 7%, “Other made up articles, including dress patterns: Other: Other: Other: Other: Other.” |
| Reason: The merchandise is not socks or hosiery, nor intended to be a substitute. The merchandise does not sufficiently cover the area of foot or toes. |
| Proposed for revocation: NY N222103 (2012) |
| Proposed for modification: NY K86082 (2004) and NY L85061 (2005) |
| Proposed new ruling: HQ H242873 |