Background

The following proposed revocations of U.S. Customs and Border Protection rulings are included in the Oct. 14, 2020, Customs Bulletin and Decisions. Comments on these proposed changes are due by Nov. 13.

For more information on how to seek or utilize classification and other rulings, please contact Deb Stern at (305) 894-1007.

Car Cleaner

CBP is proposing to reclassify a 3-in-1 car cleaner (ice scraper, squeegee, and bristle brush with detachable handle) as a motor vehicle accessory under HTSUS 8708.99.81 (2.5 percent duty) rather than as a brush or squeegee under HTSUS 9603.90.80 (5.6 percent duty). CBP explains that this item is an accessory because it contributes to the effectiveness and affects the operations of motor vehicles by enabling the removal or ice or snow from their windows, lights, and other parts for better visibility while driving. Ruling HQ 952654 would be revoked to reflect this change.

Foil Print Fabric

CBP is proposing to reclassify foil print fabric as a textile fabric coated with plastic under HTSUS 5903.90.2500 (7.5 percent duty) rather than as a knitted or crocheted fabric under HTSUS 6004.10.0085 (12.3 percent duty). Ruling NY N267195 would be revoked to reflect this change.

The subject item is a heavy knit fabric, foil-printed on one surface with a pattern of small dots arranged in a series of concentric semi-circles in a swirling design reminiscent of a fingerprint’s whorl inside a loop. This fabric is of weft knit construction, composed of 88 percent polyester and 12 percent spandex yarns, and is used for apparel.

CBP states that fabrics that are partially coated or covered with plastic and bear designs that result from that treatment are precluded from classification in HTSUS chapter 59 and that it previously determined that the plastic coating of the fabric at issue constituted dots that formed a pattern. However, CBP now states that this fabric “does not present characteristics which remotely satisfy the definition of a pattern” because there are no individually apparent or visible dots. Instead, the dots are extremely small and closely spaced on the fabric, “creating a solid lame effect or the visual effect of shiny metal or foil.”

Sneakers

CBP is proposing to reclassify a woman’s sneaker as other footwear with outer soles of rubber or plastics under HTSUS 6404.19.90 (9 percent duty) rather than as sports footwear and the like under HTSUS 6404.11.9050 (20 percent duty). This above-the-ankle shoe has an upper with an external surface area predominantly of cotton canvas textile, a rubber/plastic foxing band, and a cushioned midsole.

CBP explains that while this shoe has a general athletic appearance and most of the other construction features identifiable with athletic footwear, it also has a pointed toe, which could make running long distances uncomfortable.

Ruling NY N298995 would be revoked to reflect this change.

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