Oct. 30 CBP Bulletin Proposes to Modify, Revoke Ruling Letters on Women's Pants, Infrared Video Goggles
In the Oct. 30 Customs Bulletin (Vol. 58, No. 43), CBP published proposals to revoke ruling letters concerning women's pants and infrared video goggles from China.
Comments on Proposal Due Nov. 30
CBP said consideration will be given to any written comments received by Nov. 30 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.
Women's Pants
| Items: Style JSWK-10872 -- women’s pants constructed from two different fabrics. The center of the front panels are constructed from 100% polyester knit fabric coated with polyurethane. The back panels are constructed from 70% rayon, 27% nylon and 3% spandex knit fabric. The pull-on pants extend from the waist to the ankles and feature a flat elasticized waistband and hemmed leg openings. Style GTGH-24388 -- women’s pants constructed from two different fabrics. The front panels are constructed from 100% cotton woven fabric coated with PVC. The back panels are constructed from 78% cotton, 17% nylon and 5% spandex knit fabric. The pull-on pants feature a wide elasticized waistband with a button closure and a zipper, six belt loops, two faux front pockets at the sides, two patch pockets in the back and hemmed leg openings. The garment extends from the waist to the ankles. |
| Current: 6104.62.2006, 14.9%, “Women’s or girls’ suits, ensembles, suit type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted: Trousers, bib and brace overalls, breeches and shorts: Of cotton: Other.” |
| Proposed: 6210.50.75, 3.3%, “Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other women’s or girls’ garments: Other: Having an outer surface impregnated, coated, covered or laminated with rubber or plastics material which completely obscures the underlying fabric." |
| Reason: In several previous classification decisions concerning garments constructed of two different fabrics for the front and back panels, CBP determined that the front panel imparts the essential character of the garment. In this instance, the woven front panel of the trousers is instantly visible and has the greatest visual impact by creating a faux leather pant look. Accordingly, the woven front panel imparts the essential character of the trousers. The garment is therefore classified in heading 6210. Since the front panel is constructed of 100% cotton woven fabric, the appropriate subheading for classifying the merchandise is subheading 6210.50.75. |
| Proposed for modification: NY N251623, dated April 16, 2014 |
| Proposed new ruling: HQ H325600 |
Infrared Video Goggles from China
| Items: The Insight Infrared Video Goggles resemble a Virtual Reality headset worn by the patient. It consists of a plastic enclosure, which goes around the eyes to block out all light, attached with a front panel and a silicone strap with two strap adapters and two adjusters. The front panel contains two cameras, two switches, a cable assembly, and other components. The videos are used by a trained medical professional, such as audiologists, ENT doctors, physicians, etc., to assist in diagnosing vestibular disorders. |
| Current: 9018.90.20, free, "Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments; parts and accessories thereof: Other instruments and appliances and parts and accessories thereof: Optical instruments and appliances and parts and accessories thereof: Other.” |
| Proposed: 9018.19.95, free, “Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments; parts and accessories thereof: Electro-diagnostic apparatus (including apparatus for functional exploratory examination or for checking physiological parameters); parts and accessories thereof: Other: Other: Other.” |
| Reason: As the goggles “do not have their own power source,” they “make use of electricity” in part by pulling electric power from a connected computer, and importantly, the electricity is then used to provide an image of the patient’s eyes under either infrared or visible light for a clinician to examine. The goggles, simply put, are “electronic devices” used “for diagnostic purposes.” Considering these functions, the subject infrared video goggles meet the terms of subheading 9018.19 as “instruments used in medical sciences” and, more specifically, “other electro-diagnostic apparatus." |
| Proposed for revocation: NY N308716, dated Jan. 28, 2020 |
| Proposed new ruling: HQ H334777 |