The following proposed revocations and amendments to U.S. Customs and Border Protection classification decisions are included in the September 14, 2022 order: Customs Bulletin and Decisions. Comments on these proposed changes are due by October 14th.
For more information on how to apply for or use grading and other judgments, please contact Attorney Deb Stern at (305) 894-1007 or email.
mattress covers
CBP proposes classifying quilted mattress covers as furnishing articles under HTSUS 6304.91.01 (5.8% inch; if made of knitted polyester) or 6304.93.00 (9.3% inch; if made of nonwoven polyester) and not as bedding under HTSUS 9404.29.9087 (6 percent inch), 9404.21.0000 (3 percent inch), 9404.90.2000 (6 percent inch), or 9404.90.9522. Rulings NY N314433 and NY H87864 would be revoked and rulings HQ H265611 and NY N303580 would be amended to reflect this change.
The articles in question have top and side panels constructed from three layers of fabric: the outer and inner layers are 100 percent polyester knit fabric, and the middle layer is 100 percent polyester fill. The bottom is cut from a non-woven fabric made from 100% polypropylene. The top and side panels are sewn together and one side of a zipper is attached along the bottom edge while the other side of the zipper is attached along the edge of the bottom fabric.
CBP declares that these items are not bedding products as they are intermediate products used in the manufacture of bedding products and are not finished products intended for their own use, nor are they goods that make beds in the cover or furnish practical sense. Instead, CBP notes that these items resemble pillows or pillowcases, which it generally considers to be furnishings.
pipe fittings
CBP proposes re-retaining ductile iron retaining bushings for ductile iron mechanical joints as pipe or pipe fittings under HTSUS 7307.19.30 (5.6 percent duty) and not as iron or steel items under HTSUS 7325.99.10 (duty free) or 7326.90 to classify 0.85 (2.9 percent inches). Judgment NY B87364 would be reversed and judgments NY 898504, NY N118077, HQ 967490, NY J82246 and NY B85728 would be amended to reflect this change.
fashion show item
CBP proposes to re-add runway haute couture clothing, headwear, footwear, jewelry and accessories to their separate sections (4202, 4203, 4303, 6402, 6403, 6404, 6405, 6504, 6505, 6506, 7113 and 7116). classify as Collections of Historical Pieces under HTSUS 9705.00.0070 (duty free). Judgment NY N297394 would be reversed to reflect this change.
The items in question are used in biannual showcases, and CBP had originally determined that these events are for show and credibility of the brand in question, noting that the items “are on display and displayed in museums around the world, are rare and twice over.” change every year, reflect their rarity in price and are often used in photo shoots in France and abroad after these events.”
However, CBP now states that the commercial enterprise of exhibiting these items twice a year is for the primary purpose of generating interest in the products on display to attract potential future business. A secondary objective is anticipating, obtaining and acquiring commercial and retail orders for future delivery. CBP concludes that the items are therefore excluded from classification under heading 9705, which excludes goods manufactured as a commercial enterprise to commemorate, celebrate, illustrate or represent an event or other matter, whether the production limited or not in quantity or edition.
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