Sept. 11 CBP Bulletin Proposes to Modify Rulings on Steel Assembly Hardware Sets, Training Pants
In the Sept. 11 Customs Bulletin (Vol. 58, No. 36), CBP published a proposal to revoke ruling letters concerning steel assembly hardware sets from Vietnam and training pants.
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Comments on Proposals Due Oct. 11
CBP said consideration will be given to any written comments received by Oct. 11 before taking these actions. In addition, any party that 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 after the effective date of the final decision in this notice.)
Proposal
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 also is proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Steel Assembly Hardware Sets From Vietnam
| Items: Steel assembly hardware sets from Vietnam. The sets of hardware are to be used to assemble specific La-Z-Boy furniture. |
| Current: 7318.16.0085, which provides for “Screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles, of iron or steel: Threaded articles: Nuts, Other: Other.” |
| Proposed: 7318.15.5056, which provides for “Screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles, of iron or steel: Threaded articles: Other screws and bolts, whether or not with their nuts or washers: Studs; Other: Continuously threaded rod: Other.” |
| Reason: The overarching purpose of items is to fasten components of furniture together. As such, the fasteners (the threaded rods and bolts) impart the essential character to both sets because the fasteners are indispensable to carrying out the items’ primary objective. The furniture components may contain slots specifically designed to accommodate the unique shape of the curved slotted washers but the curved slotted washer is not designed to be used in any other way but to ensure specific objects are fastened by the accompanying threaded rods. On the other hand, the threaded rods can still fasten the furniture components together without the curved slotted washers securing them in place. |
| Proposed for revocation: N331989, dated April 26, 2023 |
| Proposed new ruling: H332598 |
Training pants
| Items: Toddler-sized and infant-sized “Potty Pants," which are constructed with four layers: an outer shell of 100% polyester knit interlock fabric laminated with polyester urethane coating, an absorbent layer of 100% cotton knit terry fabric, another absorbent layer of 100% knit polyester microfiber, and an interior lining of 40% cotton and 60% hemp knit fabric; Style 22747–3TB, which consists of an outer shell of 100% cotton knit fabric, an inner lining of 100% polyester knit mesh fabric, and an absorbent 75% cotton and 25% polyester knit terry fabric with a polyurethane coating between the lining and outer shell; and Style GD303, which consists of an inner layer of a plastic material, a 100% polyester nonwoven absorbent pad under a lining at the crotch, and an outer layer of 92% cotton and 8% spandex knit jersey fabric. |
| Current: 6108.22.90 (toddler-sized training pants), “Women’s or girls’ slips, petticoats, briefs, panties, night dresses, pajamas, negligees, bathrobes, dressing gowns, and similar articles, knitted or crocheted: Briefs and panties: Of man-made fibers: Other;" 6111.30.50 (infant-sized training pants), which provides for “Babies’ garments and clothing accessories, knitted or crocheted: Of synthetic fibers: Other;" 6108.21.00, “Women’s or girls’ slips, petticoats, briefs, panties, night dresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: Briefs and panties: Of cotton;” and 6208.92.00, which provides for “Women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: Other: Of man-made fibers.” |
| Proposed: 9619.00.64, “Sanitary pads (towels) and tampons, diapers (napkins), diaper liners and similar articles, of any material: Other, of textile materials: Knitted or crocheted: Of man-made fibers; 9619.00.61, which provides for “Sanitary pads (towels) and tampons, diapers (napkins), diaper liners and similar articles, of any material: Other, of textile materials: Knitted or crocheted: Of cotton;” and 9619.00.74, “Sanitary pads (towels) and tampons, diapers (napkins), diaper liners and similar articles, of any material: Other, of textile materials: Other: Of man-made fibers.” |
| Reason: The absorbent core imparts the essential character of the training pants at issue and the training pants will therefore be classified at the eight-digit subheading level according to the constituent material of the absorbent component. |
| Proposed for revocation: N244949, dated Aug. 26, 2013; N237226, dated Jan. 17, 2013; and N212877, dated April 25, 2012 |
| Proposed new ruling: H325601 |