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24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref : EIC 111/2/20 

7 September 2005

Dear Sirs,

Commercial Information Circular No. 363/2005

Notice to Exporters : Series 1 (USA) No. 12/2005

US : Classification Change of Carbon Particle Fabric and Clothing

The US Customs and Border Protection (CBP) invites comments on its proposed change in the classification of certain "three-layer fabric and garments with activated carbon particles in one layer".

DETAILS

  1. CBP has previously classified "a laminated fabric consisting of an outer polyester knit fabric and an inner non-woven fabric impregnated with carbon, for use in manufacturing scent eliminating clothes" as graphite material under subheading 6815.10.0000 of the Harmonized Tariff Schedule (HTS) of the US. After review, CBP now intends to change the classification of this type of fabric to textile fabric under HTS subheading 6006.34.0040. With the new classification, the fabric concerned will fall under Category 222 and be subject to a ten percent ad valorem duty. Moreover, Chinese imports of this type of fabric may be subject to quota restraint in future as there is a pending China-specific textile safeguard petition against products under Category 222.
  1. CBP has, in another case, classified "pullover top and stretch waistband pants" made of fabric mentioned in paragraph 2 above as graphite material under the HTS subheading 6815.10.0000. CBP now intends to re-classify these products as well to clothing Category 638 (under HTS subheading 6105.20.2010) and Category 647 (under HTS subheading 6103.43.1520). After the re-classification, the duty rates of these products will become 32 and 28.2 percent ad valorem respectively. Furthermore, Chinese imports of products under Categories 638 and 647 are subject to textile safeguard actions and are currently embargoed.
  1. The main text of the CBP's relevant notice is at Annex (pdf format). As stated in the notice, comments on the proposed change can be addressed to CBP on or before 23 September 2005. Traders may also contact Brian Barulich, Tariff Classification and Marking Branch of CBP at 1-202-572-8883 for further information or enquiry on the proposed change. In view of the bulkiness, the attachments of the notice are not attached in this circular. Interested parties can download them from CBP's website at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2005/vol39_08242005_no35/.
  1. Traders are also advised to check for updated CBP's rulings from time to time at
     http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/.

ENQUIRIES

  1. For enquiries about the content of this circular, please contact Miss S Y TANG at telephone number 2398 5405.



Yours faithfully,



(Ms Charmaine LO)
for Director-General of Trade and Industry

Electronic services for Production Notification and Certificate of Origin enable traders to make the relevant applications directly through their office computer faster and easier. Electronic service has now been extended to the submission of Cargo Manifests and Textiles Notifications.
For details and enquiries, please call Tradelink at 2599 1700.

Note : While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.



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Last revision date: 29 November 2005