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April 28 CBP Bulletin Proposes to Revoke Rulings on Mattress Foundation Covers

In the April 28 Customs Bulletin (Vol. 55, No. 16), CBP published a proposal to modify rulings on textile covers for unsprung mattress foundations.

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Comments on Proposals Due May 28

CBP said consideration will be given to any written comments received by May 28 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 subsequent to 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.

Textile Cover for Unsprung Mattress Foundation

Item: Textile cover for unsprung mattress foundations
Current: 9403.90.6080, Free, “Other furniture and parts thereof: Parts: Other: Of textile material, except cotton; Other.”
Proposed: 6307.90.9891, 7%, “Other made up articles, including dress patterns: [o]ther: [o]ther: [o]ther: [o]ther: [o]ther.”
Reason: The wholly textile articles that are stapled to the mattress foundations are not classifiable in heading 9404, Harmonized Tariff Schedule of the United States, because they are clearly not mattress support themselves, CBP said.
Proposed for revocation: NY N187630, dated Oct. 24, 2011, and HQ H254127, dated May 15, 2015
Proposed for modification: NY L81761, dated Jan. 21, 2005, and NY L81762, dated Jan. 24, 2005
Proposed new ruling: HQ H281803