Oct. 19 CBP Bulletin Proposes Modification of Ruling on Paper Face Masks
In the Oct. 19 Customs Bulletin (Vol. 56, No. 41), CBP published a proposal to modify one ruling on paper face masks.
Comments on Proposals Due Nov. 18
CBP said consideration will be given to any written comments received by Nov. 18 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.
Paper Face Masks
| Item: Tecnol High Filtration Iso Mask made of a lightweight paper pulp. It is specially folded to fan out over and cover the mouth, a construction which is also known as a “surgical mask pleat design.” Two stretch loops which fit over the ears are sewn into either side of the mask. The top edge of the mask has a wire insert which can be bent to conform securely over the nose when worn. |
| Current: 4818.50.00, free, “Toilet paper and similar paper, cellulose wadding or webs of cellulose fibers, of a kind used for household or sanitary purposes, in rolls of a width not exceeding 36 cm, or cut to size or shape; handkerchiefs, cleansing tissues, towels, tablecloths, table napkins, bed sheets and similar household, sanitary or hospital articles, articles of apparel and clothing accessories, of paper pulp, paper, cellulose wadding or webs of cellulose fibers: Articles of apparel and clothing accessories." |
| Proposed: 4818.90.00, free, “Toilet paper and similar paper, cellulose wadding or webs of cellulose fibers, of a kind used for household or sanitary purposes, in rolls of a width not exceeding 36 cm, or cut to size or shape; handkerchiefs, cleansing tissues, towels, tablecloths, table napkins, bed sheets and similar household, sanitary or hospital articles, articles of apparel and clothing accessories, of paper pulp, paper, cellulose wadding or webs of cellulose fibers: Other." |
| Reason: The subject paper face masks do not constitute clothing accessories because they are not a class or kind of goods that are principally used to accessorize clothing or that add to the beauty, convenience, or effectiveness of clothing; instead, they are independently used for sanitary purposes. |
| Proposed for modification: HQ 088173, dated March 26, 1991 |
| Proposed new ruling: HQ H311239 |