May 8 CBP Bulletin Proposes to Revoke, Modify Rulings on Polyester/Rayon Woven Fabric, Non-Textile Car Covers
In the May 8 Customs Bulletin (Vol. 53, No. 14), CBP published notices that propose to revoke or modify rulings and similar treatment for polyester/rayon woven fabric and non-textile car covers.
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Comments on Proposals Due June 7
CBP said consideration will be given to any written comments received by June 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/Rayon Woven Fabric
| Item: Polyester/rayon woven fabric. |
| Current: 5407.93.2090, 12%, “Woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, of yarns of different color, other, other, other, other." |
| Proposed: 5516.23.00, 8.5%, “Woven fabrics of artificial staple fibers: Containing less than 85 percent by weight of artificial staple fibers, mixed mainly or solely with man-made filaments: Of yarns of different colors." |
| Reason: Under the explanatory notes, "we must add the 8.8% spun polyester to the 45% rayon staple fibers to determine the correct amount of staple fibers in the subject fabric," CBP said. "Since 53.8% of the subject fabric is composed of staple fibers, we must classify the merchandise in Chapter 55." |
| Proposed for revocation: NY N015943 (2007) |
| Proposed new ruling: HQ H188897 |
Non-textile Car Covers
| Item: Non-textile car covers |
| Current: Heading 8708, "Parts and accessories of the motor vehicles of headings 8701 to 8705." |
| Proposed: 3926.90.99, 5.3%, "Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other.” |
| Reason: The car covers are not a part or an accessory to motor vehicles, CBP said. |
| Proposed for revocation: NY 866826 (1991) |
| Proposed for modification: NY I89651 (2003) |
| Proposed new ruling: HQ H287397 |