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July 3 CBP Bulletin Proposes to Revoke Rulings on Boot Covers

In the July 3 Customs Bulletin (Vol. 53, No. 22), CBP published a notice that proposes to revoke rulings and similar treatment for rubber boot covers.

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Comments on Proposals Due Aug. 2

CBP said consideration will be given to any written comments received by Aug. 2 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.

Rubber Boot Covers

Item: Pull-on, shoe covers made of 100 percent natural latex rubber
Current: 6401.92.9060, 37.5%, “Waterproof footwear with outer soles and uppers of rubber or plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes: other footwear: covering the ankle but not covering the knee: other: other: other.”
Proposed: 6401.99.30, 25%, “Waterproof footwear with outer soles and uppers of rubber or plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes: Other footwear:
Other: Other: Designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather: Designed for use without closures.”
Reason: The covers are classifiable in Chapter 64, but they do not cover the ankle, CBP said.
Proposed for revocation: NY N295514 (2018)
Proposed new ruling: HQ H303063