Notice of proposed revocation of eight ruling letters, pro- posed modification of four ruling letters, and proposed revocation of treatment relating to the tariff classification of flocked paper sets.

In Binding Rulng Letters NY K83080, NY K83204, NY K86534, NY L83248, NY I83703, NY J80696, NY L81409, NY N038315, and NY N217077, CBP classified flocked paper sets in heading 4823, HTSUS, specifically in subheading 4823.90.67, HTSUS, which provides for “Other paper, paperboard, cellulose wadding and webs of cellulose fibers, cut to size or shape; other articles of paper pulp, paper, paperboard, cellulose wadding or webs of cellulose fibers: Other: Other: Other: Of coated paper or paperboard: Other”.

In NY N099452, CBP classified the subject merchandise in subheading 4823.90.86, HTSUS, which provides for “Other paper, paperboard, cellulose wadding and webs of cellulose fibers, cut to size or shape; other articles of paper pulp, paper, paperboard, cellulose wadding or webs of cellulose fibers: Other: Other: Other: Other: Other”.

In NY G82351, CBP classified the subject merchandise in subheading 4911.91.40, HTSUS, which provides for “Other printed matter, including printed pictures and photographs: Other: Pictures, designs and photographs: Other: Other”.

Lastly, in HQ 950774, CBP classified the subject merchandise in subheading 9608.20.00, HTSUS, which provides for “Ball point pens; felt tipped and other porous-tipped pens and markers; fountain pens, stylograph pens and other pens; duplicating styli; propelling or sliding pencils (for example, mechanical pencils); pen-holders, pencil-holders and similar holders; parts (including caps and clips) of the foregoing articles, other than those of heading 9609: Felt tipped and other porous-tipped pens and markers”.

CBP has reviewed the afore-mentioned rulings and has determined the ruling letters to be in error. It is now CBP’s position that flocked paper sets are properly classified, in heading 4811, HTSUS, specifically in subheading 4811.90.90, HTSUS, which provides for “Paper, paperboard, cellulose wadding and webs of cellulose fibers, coated, impregnated, covered, surface-colored, surface-decorated or printed, in rolls or rectangular (including square) sheets, of any size, other than goods of the kind described in heading 4803, 4809 or 4810: Other paper, paperboard, cellulose wadding and webs of cellulose fibers: Other". CBP's reasoning is that the kits are “goods put up in sets for retail sale” whose essential character is imparted by the flocked paper.

Comments must be received on or before September 24, 2021.

Read more in Customs Bulletin (VOL. 55, NO. 33), August 25, 2021, beginning on Page 16.

CBP Foils Attempts to Smuggle Over $53 Million Worth of Fake Designer Products

U.S. Customs and Border Protection (CBP) officers assigned to the Los Angeles/Long Beach Seaport in coordination with import specialists from the Consumer Products and Mass Merchandising (CPMM) and Apparel, Footwear and Textiles (AFT) Centers of Excellence and Expertise seized 39,243 counterfeit designer products arriving in two containerized cargo shipments from China.

More information and photos HERE.

USITC Institutes Section 337 Investigation of Certain Flocked Swabs, Products Containing Flocked Swabs, and Methods of Using Same

USITC Institutes Section 337 Investigation of Certain Flocked Swabs, Products Containing Flocked Swabs, and Methods of Using Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain flocked swabs, products containing flocked swabs, and methods of using same. The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Copan Italia S.p.A of Brescia, Italy, and Copan Industries, Inc., of Aguadilla, Puerto Rico, on July 9, 2021.  Supplements to the complaint were filed on August 16, 2021; August 19, 2021; and August 23, 2021.  The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain flocked swabs, products containing flocked swabs, and methods of using same that infringe patents asserted by the complainants.  The complainants request that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders. 

The USITC has identified the following as respondents in this investigation:

Han Chang Medic of Chungnam, Republic of Korea;
Wuxi NEST Biotechnology Co., Ltd. of Wuxi, Jiangsu, China;
NEST Scientific Inc. of Rahway, NJ;
NEST Scientific USA of Rahway, NJ;
Miraclean Technology Co., Ltd., of Shenzhen, Guangdong, China;
Vectornate Korea Ltd. of Jangseong, Jeonnam, Republic of Korea;
Innovative Product Brands, Inc., of Highland, CA;
Thomas Scientific, Inc., of Swedesboro, NJ;
Thomas Scientific, LLC, of Swedesboro, NJ;
Stellar Scientific, LLC, of Owings Mills, MD;
Cardinal Health, Inc., of Dublin, OH;
Ksl Biomedical, Inc., of Williamsville, NY;
Ksl Diagnostics, Inc., of Williamsville, NY;
Jiangsu Changfeng Medical Industry Co., Ltd., of Yangzhou, Jiangsu, China;<
No Borders Dental Resources, Inc., dba MediDent Supplies, of Queen Creek, AZ;<
BioTeke Corporation (Wuxi) Co., Ltd., of Wuxi, Jiangsu, China;
Fosun Pharma USA Inc. of Princeton, NJ;<
Hunan Runmei Gene Technology Co., Ltd., of Changsha, Hunan, China;
VWR International, LLC, of Radnor, PA; and
Slmp, LLC, dba StratLab Medical Products of McKinney, TX.

By instituting this investigation (337-TA-1279), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.

ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

2021 Review of Notorious Markets for Counterfeiting and Piracy: Comment Request.

On August 30, 2021, the Office of the U.S. Trade Representative published in the Federal Register (86 FR 48464) [Docket Number USTR–2021–0013] 2021 Review of Notorious Markets for Counterfeiting and Piracy: Comment Request.

SUMMARY: The Office of the United States Trade Representative (USTR) requests comments that identify online and physical markets to be considered for inclusion in the 2021 Review of Notorious Markets for Counterfeiting and Piracy (Notorious Markets List). The Notorious Markets List identifies examples of online and physical markets that reportedly engage in and facilitate substantial copyright piracy or trademark counterfeiting. The issue focus for the 2021 Notorious Markets List will examine the adverse impact of counterfeiting on workers involved with the manufacture of counterfeit goods.

DATES: October 11, 2021, at 11:59 p.m. ET: Deadline for submission of written comments.

October 25, 2021, at 11:59 p.m. ET: Deadline for submission of rebuttal comments and other information USTR should consider during the review.

Defense Federal Acquisition Regulation Supplement: Maximizing the Use of American-Made Goods (DFARS Case 2019–D045)

On August 30, 2021, the Defense Acquisition Regulations System published in the Federal Register (86 FR 48370) Defense Federal Acquisition Regulation Supplement: Maximizing the Use of American-Made Goods (DFARS Case 2019–D045)

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement an Executive order regarding maximizing the use of American-made goods, products, and materials. The amendments related to recent Presidential Executive Orders strengthening the Buy American Act. The Berry Amendment which governs textile and clothing acquistions is unchnaged.

Request for Comments on Certain Products Exclusions Related to COVID–19: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation

On August 27, 2021, the Office of the U.S. Trade Representative published in the Federal Register (86 FR 48280) Request for Comments on Certain Products Exclusions Related to COVID–19: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation.

On December 29, 2020, USTR announced the extension of 80 product exclusions on medical-care and/or COVID response products; further modifications, in the form of 19 product exclusions, to remove Section 301 duties from additional medical-care and/or COVID response products; and that USTR might consider further extensions and/or modifications as appropriate. See 85 FR 85831 (the December 29 notice).

That notice included a few textile, apparel, and headgear articles:

5210.11.4040 and 5210.11.6020, relating to certain woven fabric of cotton,

5504.10.0000, relating to rayon staple fiber,

5603.12.0090, 5603.14.9090, and 5603.92.0090, relating to certain nonwoven fabrics,

6210.10.5010 and 6210.10.5090, relating to certain disposable, one-use apparel articles for medical use, and

6505.00.8010 relating to certain disposable, nonwoven hats.

On March 10, 2021, USTR announced the extension of these 99 exclusions to September 30, 2021; and that USTR might consider further extensions and/or modifications as appropriate. See 86 FR 13785.

Army and Air Force Cold Weather Jacket Contract Awarded

M&M Manufacturing LLC, Lajas, Puerto Rico, has been awarded a maximum $17,017,866 firm-fixed-price, indefinite-delivery/indefinite-quantity contract for the soft shell, cold weather jacket. This was a competitive acquisition with four offers received. This is a one-year base contract with three one-year option periods. Location of performance is Puerto Rico, with an Aug. 26, 2022, ordering period end date. Using military services are Army and Air Force. Type of appropriation is fiscal 2021 through 2022 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-21-D-1490).

Air Force Trousere Contract Awarded

Bremen-Bowdon Investments Co., Bowdon, Georgia, has been awarded a maximum $8,289,052 modification (P00017) exercising the fourth one-year option period of a one-year base contract (SPE1C1-17-D-1085) with four one-year option periods for men’s trousers. This is a firm-fixed-price, indefinite-delivery/indefinite-quantity contract. Location of performance is Georgia, with an Aug. 23, 2022, performance completion date. Using military service is Air Force. Type of appropriation is fiscal 2021 through 2022 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.

Army, Air Force, and Navy Clothing Contracts Awarded

Aurora Industries LLC, Orocovis, Puerto Rico, has been awarded a maximum $18,505,878 modification (P00009) exercising the first one-year option period of a one-year base contract (SPE1C1-20-D-1283) with four one-year option periods for various types of coats. This is a firm-fixed-price, indefinite-delivery/indefinite-quantity contract. Location of performance is Puerto Rico, with an Aug. 23, 2022, ordering period end date. Using military services are Army and Air Force. Type of appropriation is fiscal 2021 through 2022 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.

Silver Oak Leaf Inc., Alpharetta, Georgia, has been awarded a maximum $10,716,250 modification (P00014) exercising the second one-year option period of an 18-month base contract (SPE1C1-19-D-1135) with three one-year option periods for working uniform blouses and trousers. This is a firm-fixed-price, indefinite-delivery/indefinite-quantity contract. Locations of performance are Puerto Rico and Georgia, with an Aug. 24, 2022, ordering period end date. Using military service is Navy. Type of appropriation is fiscal 2021 through 2022 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.

CPSC Staff to Attend Upholstered Furniture Flammability Meetings

On August 26, 2021, Andrew Lock, Consumer Products Safety Commission Laboratory Sciences, and other staff will be attending the California Bureau of Household Goods and Services Advisory Committee Meeting to listen to the discussion of labeling requirements for upholstered furniture flammability. The meeting will be held August 26, 2021 at 1:00 p.m. EST. For more information contact Andrew Lock (preferred:alock@cpsc.gov or 301-987-2099)

From September 1-2, 2021, Andrew Lock, Consumer Product Safety Commission Laboratory Sciences, and other staff will be participating in the American Home Furnishings Associations regulatory summit to discuss upholstered furniture flammability. The meeting will be held September 1-2, 2021. For more information contact Andrew Lock (preferred:alock@cpsc.gov or 301-987-2099).

DLA Troop Support legal staff plays key role in acquisitions for COVID-19 supplies

Defence Logistics Agency Legal teams have provided custom support in pre- and post-award processes to three DLA Troop Support supply chains – clothing and textiles, construction and equipment, and medical – that provided items like personal protective equipment, antigen test kits, disposable coveralls and gowns, and other lifesaving supplies. Chief Counsel Michael Wilson's legal teams ensure multi-million dollar contract awards comply with laws and regulations such as the Trade Agreements Act and Berry Amendment. The Trade Agreements Act, for example, requires requisitions for certain dollar amounts and product types to be open to worldwide TAA partners. In the case of COVID-19, however, White House and Defense Department officials wanted to bolster the U.S. industrial base. Attorneys helped DLA submit a waiver request to the Office of the Secretary of Defense to allow DLA to provide better opportunities for U.S. companies to compete for COVID-19 contracts.

Read more HERE.

Arizona task force seizes over $10 million in counterfeit designer-brand apparel

In April, 2021, in a joint effort, Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and U.S. Customs and Border Protection (CBP) on Aug. 6, seized nearly $10.5 million in counterfeit apparel. HSI Nogales Task Force officers seized 6,628 pieces of attire, with an MSRP value of $10,483,082.

More information and photos HERE.

Nordstrom Recalls Children’s Socks Due to Choking Hazard

Description: This recall involves Nordstrom’s Tucker & Tate-branded socks. The anklet socks were sold in children’s sizes 5 to 7 and in a pack of three pairs of socks containing one gray pair, one white and blue pair and one white and red pair. The socks have a pom pom attached to the ankle. UPC code 439113514195 can be found on the product packaging.

Remedy: Customers should immediately stop using the recalled children’s socks and contact Nordstrom to receive a full refund.

Incidents/Injuries: None reported

Sold At: Nordstrom stores nationwide from May 2021 through June 2021 for about $12.

Importer(s): SABG/Division of GCE International, of Winston-Salem, N.C.

Manufactured In: China

Retailer: Nordstrom Inc., of Seattle, Wash.

Recall number: 21-187

More information and photos at HERE.

CPSC Staff to Attend ASTM Sewn Products Flammability Meeting

On August 26, 2021, Allyson Tenney, Consumer Product Safety Commission Directorate for Laboratory Sciences, will be attending ASTM F08.22 Camping Softgoods/Tent Flammability - Online Meeting, 1:00pm to 3:00pm (ET). For more information, contact Allyson Tenney at atenney@cpsc.gov or refer to ASTM International at www.astm.org.

Request for Written Comments Concerning China’s Compliance With WTO Commitments

On August 17, 2021, the Office of the U.S. Trade Representative published in the Federa; Register (86 FR 46066) [Docket Number USTR–2021–0015] Request for Written Comments Concerning China’s Compliance With WTO Commitments.

Request for Comments and Notice of Public Hearing Concerning Russia’s Implementation of Its WTO Commitments

On August 16, 2021, the Office of the U.S. Trade Representative published in the Federa; Register (86 FR 45797) Request for Comments and Notice of Public Hearing Concerning Russia’s Implementation of Its WTO Commitments.

Navy Flame Resistant Coveralls Contract Awarded

Excel Garment Manufacturing Ltd., El Paso, Texas, has been awarded a maximum $25,405,200 modification (P00006) exercising the first one-year option period of a one-year base contract (SPE1C1-20-D-1248) with four one-year option periods for improved flame resistant coveralls. This is a firm-fixed-price, indefinite-delivery/indefinite-quantity contract. Location of performance is Texas, with an Aug. 18, 2022, ordering period end date. Using military service is Navy. Type of appropriation is fiscal 2021 through 2022 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.

Tye Dye Area Rugs Recalled Due to Violation of Federal Flammability Standard and Fire Hazard; Imported by And Beyond; Sold Exclusively on Amazon.com

Description: This recall involves Andecor Girls Tye Dye Soft Area Rugs. The rectangular rugs are pastel pink, yellow, green and blue tye dye and measure about 6 feet by 9 feet. “100% Acrylic face fiber content” and “Made in China” are printed on a label on the underside of the rugs.

Remedy: Consumers should immediately stop using the recalled rugs and contact And Beyond for instructions on how to receive a full refund, including shipping. Amazon, on behalf of And Beyond, is contacting all known purchasers directly.

Incidents/Injuries: None Reported

Sold At: Exclusively online at Amazon.com from December 2020 through Feburary 2021 for about $80.

Importer(s): And Beyond Inc., of China

Manufactured In: China

Recall number: 21-771

More information and photos HERE.

Area Rugs Recalled Due to Violation of Federal Flammability Standard and Fire Hazard; Imported by Pacapet; Sold Exclusively on Amazon.com

Description: This recall involves Pacapet Fluffy Pink Area Rugs. The rectangular rugs are light pink and measure about 5 feet by 8 feet. “Pacapet”, “100% Polyester” and “Made in China” are printed on a label on the underside of the product.

Remedy: Consumers should immediately stop using the recalled rugs and contact Pacapet for instructions to return the recalled rugs with free shipping in exchange for a full refund. Amazon, on behalf of Pacapet, is contacting all known purchasers directly.

Incidents/Injuries: None Reported

Sold At: Exclusively online at Amazon.com from May 2020 through March 2021 for about $50.

Importer(s): Pacapet, of China

Manufactured In: China

Recall number: 21-772

More information and photos HERE.

Rugs Recalled Due to Violation of Federal Flammability Standard and Fire Hazard; Imported by Suellen Roosevein; Sold Exclusively on Amazon.com

Description: This recall involves YOH Super Soft Purple Rugs. The rug measures approximately 5 feet by 8 feet. “100% Polyester” and “Made in China” are printed on a label on the underside of the product.

Remedy: Consumers should immediately stop using the recalled rugs and contact Suellen Roosevein for instructions on how to receive a full refund, including shipping. Amazon, on behalf of Suellen Roosevein, is contacting all known purchasers directly.

Incidents/Injuries: None Reported

Sold At: Exclusively online at Amazon.com from December 2020 through March 2021 for about $50.

Importer(s): Suellen Roosevein, of China

Manufactured In: China

Recall number: 21-774

More information and photos HERE.

CPSC Webinar: “CPSC Safety Requirements and Importing Overview for Importers, Customs Brokers, and Freight Forwarders” – August 26, 2021 12-1pm EDT

Maggie Saric, Compliance Investigator with the Office of Import Surveillance, and Will Cusey, of the Small Business Ombudsman Team, will host a webinar on Thursday, August 26, 2021, from 12 p.m. to 1 p.m. Eastern Daylight Time (EDT).  The webinar will go over the most common CPSC regulatory and statutory pitfalls and provide a detailed overview of the import process for importers, customs brokers, and freight forwarders. Attendees must register for the webinar https://attendee.gotowebinar.com/register/7076005353837497614. For more information, please contact Will Cusey at 301-504-7833 or wcusey@cpsc.gov. 

First-Ever Plant-Based Bra Cup Sourced from Brazilian Sugarcane.

On August 10, 2021, Available exclusively at Walmart, Kindly, a new line of sustainable intimates, launches today featuring the first-ever plant-based bra cup sourced from Brazilian sugarcane.

Read more HERE

NCTO Welcomes Senate Passage of Infrastructure Bill; Guarantees Long-Term Contracts for Domestic PPE

On August 10, 2021, the National Council of Textile Organizations (NCTO), representing the full spectrum of U.S. textiles from fiber through finished products, issued a statement welcoming Senate passage of a bipartisan infrastructure bill that will provide billions of dollars in new spending to revitalize the nation’s roads, bridges and railways and help reconstitute a domestic supply chain for personal protective equipment (PPE).

NCTO President and CEO Kim Glas said, "This bill will help onshore critical production of personal protective equipment (PPE) by guaranteeing long-term contracts for domestically produced PPE and ensuring that taxpayer dollars are utilized to bolster the federal purchase of American-made PPE."

AAFA Urges Biden to Reinstate China Tariff Exclusion Process, Enforce Phase 1

On August 5, 2021, the American Apparel and Footweare Association joined dozens of organizations in urging the Biden administration to reinstate the China Section 301 Tariff Exclusion Process and to enforce the U.S./China Phase 1 deal.

Business Groups File Amicus Brief Calling USTR Tariffs Process ‘Flawed’

On August 9, 2021, the Retail Litigation Center, the National Retail Federation, the American Apparel & Footwear Association, the Consumer Technology Association, the Footwear Distributors and Retailers of America, the Juvenile Products Manufacturers Association and the Toy Association today filed a “friend of the court” amicus brief in the U.S. Court of International Trade. The trade groups submitted the brief in support of businesses and their workers that have been negatively impacted by a series of escalating tariffs covering virtually all Chinese imports to the United States imposed by the United States Trade Representative (USTR).

In 2018, following a Section 301 investigation into China’s trade practices regarding forced technology transfer and intellectual property rights protection, the Trump Administration initiated several massive tariffs against Chinese imports. Thousands of American businesses have been forced to pay these taxes to import Chinese goods and products, which ultimately result in higher prices for U.S. consumers. The Biden Administration has kept these tariffs in place when American businesses are doing their best to safely serve customers, and keep workers on their payrolls, during the pandemic.

In September 2020, more than 6,000 plaintiffs filed lawsuits challenging the List 3 and List 4A tariffs as unlawful under Section 301 of the Trade Act of 1974 arguing that the USTR exceeded its authority when it imposed tariffs without attempting to connect them to any underlying investigation of China’s trade practices. The amicus brief supports the plaintiffs’ arguments and highlights USTR’s violation of its statutory obligations under the Administrative Procedure Act by failing to give adequate opportunity for, or consideration of, public comments.

(Lack of adequate opportunity for, or consideration of, public comments was an objection raised by Agathon Associates on behalf of clients in a Septebmer, 2018, blog post, which also suggested that injured parties may wish to consider suing the government.)

The staggering scale and far-reaching effects of the proposed tariffs required USTR to take a thoughtful approach consistent with its statutory obligation under the Administrative Procedure Act. Instead, USTR imposed compressed public-comment timelines, which often gave businesses only a few days to analyze the impacts on supply chains and retail operations and develop thoughtful comments. To make matters worse, despite receiving nearly 10,000 comments and pieces of testimony, the overwhelming majority of which opposed the tariffs, USTR refused to respond to any of the identified concerns.

According to the amicus brief:

“Those proposed tariffs implicated hundreds of billions of dollars of imports and impacted almost every facet of the U.S. economy. Many stakeholders, including amici’s members must plan out their international supply chains and delivery schedules months in advance. Not surprisingly, these businesses needed time to review the hundreds of thousands of products they sell to evaluate the availability and feasibility of alternative non-Chinese sources and to assess impacts on supply chains and retail operations.”

“If USTR had satisfied its obligation to allow for meaningful comments from amici and others and had actually considered them, it would have recognized the considerable harm its actions would inflict. The tariffs are a hidden tax on U.S. consumers, hurting domestic producers, retailers, and customers alike. And, as predicted, they have had a significant adverse impact on the U.S. economy.”

The amicus brief was written by Joseph R. Palmore and Adam L. Sorensen of Morrison & Foerster LLP. View the amicus brief in its entirety here

Air Force and Navy Coveralls Contract Awarded

Carter Industries Inc., Olive Hill, Kentucky, has been awarded a maximum $16,037,346 modification (P00011) exercising the first one-year option period of a one-year base contract (SPE1C1-20-D-1238) with two one-year option periods for various types of coveralls. This is a firm-fixed-price, indefinite-quantity contract. Locations of performance are Kentucky and New York, with an Aug. 11, 2022, ordering period end date. Using military services are Air Force and Navy. Type of appropriation is fiscal 2021 through 2022 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.

Marine Dress Coat Contract Awarded

Crown Clothing Co., Vineland, New Jersey, has been awarded a maximum $12,650,564 modification (P00019) exercising the third one-year option period of a one-year base contract (SPE1C1-18-D-1079) with four one-year option periods for men’s dress coats. This is a fixed-price, indefinite-delivery/indefinite-quantity contract. Location of performance is New Jersey, with an Aug. 8, 2022, ordering period end date. Using military service is Marine Corps. Type of appropriation is fiscal 2021 through 2022 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.

Proposed Revocation of CBP "Festive Articles" Footwear Determination

On August 4, 2021, U.S. Customs and Border Protection issed (Customs Bulletin Vol. 55, No. 30) Proposed Revocation of One Ruling Letter and Proposed Revocation af Treatment Relating to the Tariff Classification of Three “Power Ranger” Costume Accessory Sets.

In NY M82946, CBP classified three “Power Ranger” Costume Accessory Sets in heading 9505, HTSUS, specifically in subheading 9505.90.60, HTSUS, which provides for “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other.” CBP has reviewed NY M82946 and has determined the ruling letter to be in error. It is now CBP’s position that three “Power Ranger” Costume Accessory Sets are properly classified, in heading 6406, HTSUS, specifically in subheading 6406.90.15, HTSUS, which provides for “Parts of footwear (including uppers whether or not attached to soles other than outer soles); removable insoles, heel cushions and similar articles; gaiters, leggings and similar articles, and parts thereof: Other: Of other materials: Of textile materials.”

The question of whether imported merchandise is a "festive article" duty-free under a Heading 9505 provision or an apparel, textile, or footwear article, subject to the import duties applicable to goods of chapters 61 through 64, has been the subject of litigation, Customs rulings and ruling reversals. Clients of Agathon Associates can read more at www.agathonassociates.com/textile-pri/festive-articles/.

CBP issues Withhold Release Order on Seafood Harvested with Forced Labor by the Hangton No. 112

Effective August 4, 2021, U.S. Customs and Border Protection personnel at all U.S. ports of entry will detain tuna and other seafood harvested by the Hangton No. 112, a Fijian flagged and owned fishing vessel.

Read more HERE.