April 13 CBP Bulletin Proposes to Modify Rulings on Full-Zip Hoodie, Polyetheretherketone Powder
In the April 13 Customs Bulletin (Vol. 56, No. 14), CBP published a proposal to revoke rulings on a men's full-zip hoodie and polyetheretherketone powder
Comments on Proposals Due May 13
CBP said consideration will be given to any written comments received by May 13 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.)
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.
Men's Full-Zip Hoodie
| Item: A men's full-zip hoodie. One hundred percent polyester woven fabric overlays have been sewn onto portions of the hood, back yoke, center back, lower sleeves, upper chest, and pockets. The overlays cover 24.32% of the total body surface area. The knit fabric weighs 300 grams per square meter (8.85 ounces per square yard). The polyester overlay fabric weighs 82 grams per square meter and is not treated with Durable Water Repellant. |
| Current: 6110.20.20, 16.5%, “Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of cotton: Other: Other: Other: Men’s or boys’: Other.” |
| Proposed: 6101.20.00, 15.9% , “Men’s or boys’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles, knitted or crocheted, other than those of heading 6103: Of cotton: Men’s.” |
| Reason: Much like the garments CBP has determined to be classifiable as a jacket, the subject garment is a lightweight jacket which is designed and constructed to be worn for warmth and protection against weather conditions and not merely for comfort and adornment. |
| Proposed for modification: NY N316817, dated Feb. 3, 2021 |
| Proposed new ruling: HQ H317536 |
Polyetheretherketone Powder
| Item: Polyetheretherketone powder used in injection molding, extrusion, compression molding and composites for the manufacture of engine parts and in heat exchange applications. |
| Current: Country of origin is Germany |
| Proposed: Country of origin is the United Kingdom |
| Reason: The tempering of PEEK powder does not constitute a substantial transformation. |
| Proposed for revocation: NY N111878 dated July 14, 2010 |
| Proposed new ruling: HQ H305264 |