WEBVTT 00:00:00.000 --> 00:00:19.700 SOUFFRONT, KATHERINE Good afternoon, everyone. Welcome to the webinar on infant garments and related goods of heading 6111. Sixty 209 and 9619. My name is Katherine Sue Front and IIS 358 and along with Nas 434, Charlene Miller will be conducting this webinar. 00:00:20.210 --> 00:00:37.890 SOUFFRONT, KATHERINE I will start the first half and then we'll pass it over to Charlene to continue with the second-half. I kindly ask for you question for your patients in case we come across any technical difficulties and if you have any questions at the end of the webinar, I will provide my information so you can e-mail me your questions directly. 00:00:41.650 --> 00:00:57.870 SOUFFRONT, KATHERINE As most of you know, this is our mission statement to safeguard American voters, thereby protecting the public from dangerous people and materials while enhancing the nation's global economic competitiveness by enabling legitimate trade and travel. 00:01:02.530 --> 00:01:23.680 SOUFFRONT, KATHERINE Because many complicated factors can be involved in customs issues, an importer may wish to obtain a binding ruling under the regulations of US Customs and Border protection, or may wish to obtain advice from an expert who specializes in customs matters. For example, a licensed custom broker attorney or a consultant. 00:01:27.320 --> 00:01:45.910 SOUFFRONT, KATHERINE Here's to disclaimer that states that this webinar regarding infant garments and related goods of headings 6111, Sixty, 209 and 9619 is for general information purposes only and relying on the information provided here may not be considered reasonable care. 00:01:49.360 --> 00:02:05.850 SOUFFRONT, KATHERINE Here we have the CVP's binding ruling program, which enables importers to get binding classification decisions. We issue rulings on class and classification country of origin, trade programs or trade agreements, country of origin and marking. 00:02:06.610 --> 00:02:12.670 SOUFFRONT, KATHERINE The request must be for prospective shipments. You can find more information on the link at the bottom. 00:02:16.920 --> 00:02:36.510 SOUFFRONT, KATHERINE If Kim fill out the form electronically, then there is here's the address of where to send the request and the sample. The link below will take you to the requirements of the ruling program. Please note if you're filing electronically, a sample will still need to be sent to the address. Over here on the screen. 00:02:40.440 --> 00:03:10.610 SOUFFRONT, KATHERINE It's important to see current with the harmonized tariff schedule, as they're constantly evolving additions. As I was working on this webinar, I was under the impression we were still on revision 6, but before I submitted it, I decided to check again and we were ready on provision seven. I actually checked today and we're already on revision 8, so that's why it's important to stay current with this revisions because they might affect certain legislations like section 301 of the trade agreements as well. 00:03:10.690 --> 00:03:17.430 SOUFFRONT, KATHERINE This change in duty rates the link that you see here will take you directly to the current version of the tariff. 00:03:21.650 --> 00:03:31.260 SOUFFRONT, KATHERINE There is a total of 6 year rice. We must follow. These two arrive at classification determinations. We can see here G right one on this slide. 00:03:36.670 --> 00:03:44.730 SOUFFRONT, KATHERINE Notes. So we have several notes in our harmonized service schedule. We'll be going through a few of these and show some examples in a few. 00:03:48.870 --> 00:04:06.170 SOUFFRONT, KATHERINE Explanatory notes. There are the official classification guidelines of the trade community and are essential to the correct classification of goods. They are now legally binding what are generally indicative of the proper interpretation of the Harmonized service schedule. 00:04:11.310 --> 00:04:33.190 SOUFFRONT, KATHERINE Here we have the areas of responsibility of NIS 358I handle Chapter 65, which is headgear and parts thereof, children's apparel, which overlaps with all the wearing apparel chapters that have boys and girls. Provisions, warm clothing, or other warrant articles of heading 6309. 00:04:37.070 --> 00:04:53.170 SOUFFRONT, KATHERINE Hey, so a little bit about me. I started my career with CVP as an impress specialist 10 years ago. I worked at JFK for seven years detail to several commodity teams, textiles and wearing apparel. Being the left before the centers transitioned. 00:04:53.870 --> 00:05:23.840 SOUFFRONT, KATHERINE In 2016, I became part of the New York National Threat Analysis Division, or known also as the New Year entered as an international trade analyst or ITS position I held for three years as an ITS I analyzed, evaluated in coordinated numerous operations, high profile projects such as a textile production verification team, TPT targeting and planting conducted risk analysis to support trace. 00:05:23.970 --> 00:05:32.700 SOUFFRONT, KATHERINE Security and trade compliance and in June of 2019, I became part of the national Commodity Specialist Division as NIS 358. 00:05:35.610 --> 00:05:37.010 SOUFFRONT, KATHERINE OK, so let's get started. 00:05:38.350 --> 00:05:45.110 SOUFFRONT, KATHERINE For this webinar, we will be reviewing some baby garments that's and notes applicable to baby sets. 00:05:47.170 --> 00:05:59.890 SOUFFRONT, KATHERINE Baby's garments, as we can see here note 6 to chapter 61 and note 5 to chapter 62 are identical, just for different headings 6111 and 6209. 00:06:01.420 --> 00:06:17.750 SOUFFRONT, KATHERINE So let me write you one of them. Chip chapter 61 Note 6. For the purposes of padding 6111 babies, garments and clothing accessories mean articles for young children of a body height not exceeding 86 centimeters. 00:06:18.410 --> 00:06:29.930 SOUFFRONT, KATHERINE Articles which are prime official classifiable both inheriting 6111 and in other headings of this chapter are to be classified in heading 6111. 00:06:30.840 --> 00:06:41.870 SOUFFRONT, KATHERINE So anything over 24 months or two T and above are classified as boys and girls garments somewhere else in chapter 61 and 62. 00:06:42.970 --> 00:07:13.250 SOUFFRONT, KATHERINE There's no tells us to classify it under 6111 if the item is classified in both head is 6111 and another heading is Chapter 61. So for example, if you have a nice shirt for an infant, it's going to be classified under heading 6111 rather than in the headings that provide for nature. It's for Mens or boys which would be 6105 or for knit blouses and shirts for women's or girls. 00:07:18.100 --> 00:07:48.030 SOUFFRONT, KATHERINE Barmans versus accessories. OK, so we know that having 6111 and 6209 also cover accessories, but no 14 to section 11 only applies to garments and accessories. I'm sorry to apply to garments. Accessories are items classified in headings 6515 and 6117 and 60 to 12 through 6217 only if they are imported. 00:07:48.110 --> 00:07:50.440 SOUFFRONT, KATHERINE This size is over 24 months. 00:07:51.360 --> 00:08:00.460 SOUFFRONT, KATHERINE So the most common accessories found in baby sets are bibs, booties, socks, men's clubs and headbands. 00:08:06.290 --> 00:08:22.050 SOUFFRONT, KATHERINE Carmen sets so this is section 11 note 14, unless the context otherwise requires textile garments of different headings are to be classified in their own headings, even if would have been sets for retail sale. 00:08:22.750 --> 00:08:34.960 SOUFFRONT, KATHERINE For the purposes of this, note the expression textile garments means garments of heading 6101, two 6114 and headings sixty 212-6211. 00:08:36.390 --> 00:08:49.160 SOUFFRONT, KATHERINE However, keep in mind that hating 6111 and 6209 include garments and accessories, so the note will not apply to every collection of two pieces or more. 00:08:49.860 --> 00:08:57.180 SOUFFRONT, KATHERINE For example, if you have a garment and an accessory instead of two garments, there's no would not apply. 00:09:01.140 --> 00:09:04.510 SOUFFRONT, KATHERINE OK. So with that said, I have a question for you. 00:09:05.800 --> 00:09:21.780 SOUFFRONT, KATHERINE Here on this slide, we have a body suit that's 100% cotton knit hat. I'm sorry it's a cotton 100% cotton neat body suit, 100% cotton meat hat and a 100% cotton woven bib. 00:09:22.530 --> 00:09:38.640 SOUFFRONT, KATHERINE The hat of heading 6505 and the body suit of 6111 are of the same construction and shift fiber weight. The BIF 6209 is for different construction, but the same chief driver weight. 00:09:39.720 --> 00:09:50.150 SOUFFRONT, KATHERINE So what this collection be subject to section 11? No 14? Yes or no. You can actually type your answers on the chat box. 00:10:02.700 --> 00:10:03.250 SOUFFRONT, KATHERINE Hmm. 00:10:06.540 --> 00:10:07.130 SOUFFRONT, KATHERINE OK. 00:10:09.490 --> 00:10:13.790 SOUFFRONT, KATHERINE Though I see a lot of notes, it's good because the answer is no. 00:10:14.930 --> 00:10:19.010 SOUFFRONT, KATHERINE We do now have two or more textile garments, so the answer is correct. 00:10:20.210 --> 00:10:24.620 SOUFFRONT, KATHERINE It's again, no, because we do not have two or more textile garments. 00:10:28.590 --> 00:10:29.550 SOUFFRONT, KATHERINE Babies sets. 00:10:30.600 --> 00:10:33.440 SOUFFRONT, KATHERINE Additional US note one chapter 61. 00:10:35.170 --> 00:10:35.840 SOUFFRONT, KATHERINE Stealth. 00:10:36.570 --> 00:10:54.950 SOUFFRONT, KATHERINE For the purpose of heading 6111, the term sets means two or more different garments of heading 6111, sixty, 209 or 6505 import it together of corresponding sizes and intended to be worn together by the same person. 00:10:56.170 --> 00:11:10.480 SOUFFRONT, KATHERINE So the set needs to have two or more garments, or a garment and a hat. Otherwise, section 11 No 14 will have already kicked in and instructed us to classify them separate. 00:11:11.560 --> 00:11:41.290 SOUFFRONT, KATHERINE Hardware of 6505 is allowed to help meet this note. Remember headwear was excluded from section 11 note 14, but it's included in this note so baby sets are going to have the same construction and the same chief fiber content. They don't need to be exactly the same fabric content, but they need to have the same chip weight. For example, we can have a 100% cotton bodysuit. 00:11:41.710 --> 00:11:52.000 SOUFFRONT, KATHERINE And a 60% cotton, 40% polyester hat. Otherwise you're back in section 11. No 14. And the collection we have to be classified separately. 00:11:57.410 --> 00:12:10.450 SOUFFRONT, KATHERINE OK, so we have the same example again same same example as before. You guys think the additional US note one to Chapter 61 and 62 would apply in this case as a set. 00:12:13.070 --> 00:12:27.420 SOUFFRONT, KATHERINE Remember, the bodysuit is a garment of 6111. The bid is an accessory of 6209 and the hat is classified and had is 65 or five. Do you guys? What do you guys think? You'll see mid this node. 00:12:28.440 --> 00:12:31.850 SOUFFRONT, KATHERINE Yes, no, you can type the the answers in the chat box. 00:12:49.810 --> 00:12:51.870 SOUFFRONT, KATHERINE OK, so the answer is yes. 00:12:52.980 --> 00:12:54.850 SOUFFRONT, KATHERINE Well, it did not meet section. 00:12:55.660 --> 00:12:59.290 SOUFFRONT, KATHERINE 11 No 14 with one garment and one hat. 00:13:00.840 --> 00:13:17.690 SOUFFRONT, KATHERINE It does meet additional US Note 1 here. The body suit and the hat are classifiable under the same subheading, 6111 twenty 6020, which provides for babies, garments and clothing accessories, etcetera. 00:13:18.470 --> 00:13:25.710 SOUFFRONT, KATHERINE Now we still need to classify the BIFF. We haven't classified it, so in order to do that, we need to go to GRI 3B. 00:13:31.080 --> 00:14:01.590 SOUFFRONT, KATHERINE I'm sure most of you are already familiar with this DRI. We need to find out if this collection makes a definition of Jr 3B. So Yuri 3B says mixtures composite goods consistent of different materials, or made-up of different components and goods put up in sets for retail sale which cannot be classified by reference to 3/8 shall be classified as if they consisted of the material or component. 00:14:01.670 --> 00:14:06.670 SOUFFRONT, KATHERINE Which gives them the essential character in so far as this criteria is applicable. 00:14:11.600 --> 00:14:41.210 SOUFFRONT, KATHERINE Now this is explanatory note explanatory. Note 10 to GI 3B for the purposes of this rule, the term goods put up in sets for retail sale shall be taken to mean goods which a consistently two different articles, which are prima facia classifiable in different headings. Therefore, for example, 6 tons of force can now be regarded as a set within the meaning of this rule. 00:14:41.710 --> 00:14:55.880 SOUFFRONT, KATHERINE Now B consists of products or articles put up together to meet a particular need or carrier specific activity and see are put up in a manner suitable for sale directly to users without repacking. 00:14:56.780 --> 00:15:13.210 SOUFFRONT, KATHERINE So I wanted to jump into this real quick because as we can see here, the items must also be clearly intended for use together or in conjunction with one another, just as in additional US note what one to Chapter 61 and 62. 00:15:16.250 --> 00:15:23.460 SOUFFRONT, KATHERINE So we have our collection again, the body suit, the hat, and the BIFF, they are put up for retail sale. 00:15:24.400 --> 00:15:29.370 SOUFFRONT, KATHERINE Within the requirements set forth in explanatory note 10 to GI 3B. 00:15:30.520 --> 00:15:41.610 SOUFFRONT, KATHERINE There are at least two different articles, prima Facia, classifiable in different headings. They are put up together to meet a particular need. Dress up baby. 00:15:42.420 --> 00:16:03.620 SOUFFRONT, KATHERINE And although the packaging is not shown here, we will see that they put up in a manner suitable for sale to the user without repacking. So Geri 3B directs that the goods put up in a set are to be classified as if they consisted of the component which gives those that it's essential character. 00:16:04.470 --> 00:16:35.000 SOUFFRONT, KATHERINE The BIP is an accessory to the outfit since the body suit and the hat are classifiable in the same subheading, which is 61 eleven, 2060. That's the set. It's not necessary to choose the body suit or the head in the determining the essential character for classification purposes. So accordingly, the bodysuit, a hat and bib are all classified as baby sets in subheading 6111. 00:16:35.440 --> 00:16:37.780 SOUFFRONT, KATHERINE 2060 twenty. 00:16:43.560 --> 00:16:49.150 SOUFFRONT, KATHERINE He so, when presented with a set, let's ask ourselves the following questions. 00:16:50.570 --> 00:16:57.440 SOUFFRONT, KATHERINE Do I have two or more garments? Are the garments classifiable in different headings subheadings? 00:16:58.160 --> 00:17:04.220 SOUFFRONT, KATHERINE Here is where we see if they're off the same construction in chief fiber content. 00:17:05.470 --> 00:17:17.410 SOUFFRONT, KATHERINE Are the items in infant sizes remember anything over 24 months or two T will be considered boys or girls. Does the set include one or more accessories? 00:17:18.050 --> 00:17:30.080 SOUFFRONT, KATHERINE Those with set include a hat of heading 6505 or booties with apply source of 64 of five are the items put up in a set for retail sale. 00:17:32.660 --> 00:17:38.740 SOUFFRONT, KATHERINE Is one of the garments that cotton dress can all of the items be worn together by the same person? 00:17:43.610 --> 00:17:56.840 SOUFFRONT, KATHERINE OK, we have another example here. We have a collection of three bibs. They are put up for retail sale as a set and they have the same construction and same chief fiber weight. 00:17:58.780 --> 00:18:00.690 SOUFFRONT, KATHERINE How would you guys classify this? 00:18:01.490 --> 00:18:02.790 SOUFFRONT, KATHERINE Together as a set. 00:18:03.430 --> 00:18:05.270 SOUFFRONT, KATHERINE Or each separately. 00:18:06.430 --> 00:18:08.610 SOUFFRONT, KATHERINE Let's see your answers on the chat box. 00:18:15.920 --> 00:18:20.480 SOUFFRONT, KATHERINE Not a set together. It's a sad separately. OK separately. 00:18:26.350 --> 00:18:28.200 SOUFFRONT, KATHERINE Separate separate. Hmm. 00:18:34.780 --> 00:18:35.390 SOUFFRONT, KATHERINE OK. 00:18:37.430 --> 00:18:39.760 SOUFFRONT, KATHERINE Let's look into it show. 00:18:40.550 --> 00:18:43.470 SOUFFRONT, KATHERINE There aren't too garments or more. 00:18:44.350 --> 00:18:47.750 SOUFFRONT, KATHERINE We only have accessories here, they all bibs. 00:18:48.750 --> 00:19:19.450 SOUFFRONT, KATHERINE They are classified under the same subheading and are put up for retail sales asset. So according to additional US note, one of Chapter 61 and 62 for baby set the bibs boarding qualify since they're not going to be worn by the same person at the same time. And here I 3B also says that it has to be two articles of different headings which in this case there are under the same heading. 00:19:19.670 --> 00:19:27.030 SOUFFRONT, KATHERINE So the answer is classify each separately in accordance to GR3GR1. 00:19:29.840 --> 00:19:30.810 SOUFFRONT, KATHERINE Let me repeat that again. 00:19:31.510 --> 00:19:35.700 SOUFFRONT, KATHERINE Notify all of them separately in accordance to GI one. 00:19:39.140 --> 00:19:59.310 SOUFFRONT, KATHERINE It's possible bits. OK, so bibs have historically been classified under subheadings, which describe apparel, including accessories, usually as accessories to garments. As we saw on the previous slides, and the accessories versus garments slide as well. 00:20:00.660 --> 00:20:27.910 SOUFFRONT, KATHERINE The merge rulings have classified paper bits in heading 4818 as paper articles of apparel and clothing accessories. However, there were some confusion after heading 9619 was introduced into the Harmonized tariff schedule in 2012, which provides for diapers and diaper liners for babies and similar articles of any material. 00:20:28.710 --> 00:20:33.290 SOUFFRONT, KATHERINE So let's talk more about this one on the next and final slide. 00:20:37.580 --> 00:20:40.190 SOUFFRONT, KATHERINE Alright, so I have a case study here that. 00:20:42.000 --> 00:20:44.630 SOUFFRONT, KATHERINE It it's a revocation of two cases. 00:20:45.340 --> 00:21:03.190 SOUFFRONT, KATHERINE So it's for New York ruling and 243080, which was this was a combination of three packs of disposable items packaged for retail sale. The packs contain two separate compartments folded in half. 00:21:04.000 --> 00:21:07.870 SOUFFRONT, KATHERINE So start making a picture of it, two separate compartments folded in half. 00:21:08.790 --> 00:21:25.700 SOUFFRONT, KATHERINE Each of the packs contain 12 wet wipes in the bottom compartment and on the top compartment it contain either 6 disposable bibs. Six is possible party toppers, or six disposable changing paths of familiar construction of similar construction. 00:21:27.630 --> 00:21:47.760 SOUFFRONT, KATHERINE The other ruling, which is N256A59, was disposable. Special needs bits, so they were both these two rulings of both classified under 9619 four sanitary pads. 00:21:48.610 --> 00:21:54.730 SOUFFRONT, KATHERINE Tampons, diapers and diaper liners and similar articles of any materials. 00:21:56.180 --> 00:22:20.010 SOUFFRONT, KATHERINE But then headquarters revoked both cases and in in its analysis, they bring up the explanatory notes to heading 9619. And let's go over that real quick. OK, the explanatory notes to heading 9619 explains that articles of that heading, so articles of heading 9619. 00:22:21.280 --> 00:22:25.910 SOUFFRONT, KATHERINE Of sore bodily fluids and fit snuggly to the human body. 00:22:26.630 --> 00:22:34.420 SOUFFRONT, KATHERINE So this possible vibes party toppers and changing pads lack does not fit of this articles. 00:22:36.150 --> 00:22:41.640 SOUFFRONT, KATHERINE And to the extent that disposable bibs of store fluids at all. 00:22:42.700 --> 00:23:05.540 SOUFFRONT, KATHERINE Disposable bibs are worn to protect clothing from food or drink, not body fluids, and on the same note, party toppers lay over the toilet seat and changing pads lay on the changing table so their main purpose is to keep the toilet seat or the change in server is clean instead of absorbing audio fluids. 00:23:06.350 --> 00:23:33.100 SOUFFRONT, KATHERINE Therefore, bibs or classified in 48 that disposable bibs are classified in 4818, fifty 00 under articles of apparel, including accessories of paper pulp, etcetera, and the sets of this possible party toppers and changing pads are classified in 4818 nineteen 00 under other articles of paper pulp. 00:23:34.340 --> 00:23:37.630 SOUFFRONT, KATHERINE And that concludes my part of the presentation. 00:23:39.310 --> 00:23:40.800 SOUFFRONT, KATHERINE Two things to keep in mind. 00:23:43.230 --> 00:23:46.800 SOUFFRONT, KATHERINE Each set should be taken on a case by case basis. 00:23:47.490 --> 00:23:56.160 SOUFFRONT, KATHERINE And remember that classification is determined after applying the GRE's and relevant section in chapter notes. 00:23:57.010 --> 00:24:02.900 SOUFFRONT, KATHERINE It's very important. Here's a list of important websites for you to keep in mind. 00:24:05.980 --> 00:24:07.150 SOUFFRONT, KATHERINE Here's more of that. 00:24:09.980 --> 00:24:28.960 SOUFFRONT, KATHERINE Now this concludes my half of the presentation. Don't go yet because I'll Miss Charlie Miller and I is 434 will be starting her half of the presentation. Now here's my information. If you guys have any questions, just feel free to e-mail me and I will respond right away. 00:24:30.100 --> 00:24:31.380 SOUFFRONT, KATHERINE Thank you very much. 00:24:33.150 --> 00:24:34.130 SOUFFRONT, KATHERINE And Charlene? 00:24:35.360 --> 00:24:35.890 SOUFFRONT, KATHERINE You're on. 00:24:37.370 --> 00:24:40.200 MILLER, CHARLENE S Thank you so much, Catherine. I appreciate it. 00:24:41.360 --> 00:24:44.530 MILLER, CHARLENE S Give me one moment. Her transition real quickly here. 00:24:47.330 --> 00:24:47.710 MILLER, CHARLENE S OK. 00:24:49.220 --> 00:24:51.820 MILLER, CHARLENE S So Catherine just covered infant apparel. 00:24:52.590 --> 00:25:00.440 MILLER, CHARLENE S And I'm going to segue that into heading 9619, which among other things, covers diapers and related goods. 00:25:01.800 --> 00:25:15.890 MILLER, CHARLENE S And what you're looking at now is the heading language itself. So heading 9619 is sanitary pads, tampons, diapers and diaper liners and similar articles of any material. 00:25:16.640 --> 00:25:21.780 MILLER, CHARLENE S And those terms that you see in parentheses, towels and napkins? 00:25:22.790 --> 00:25:28.920 MILLER, CHARLENE S That's simply the British English. So if you were in England right now, they would be calling diapers. Napkins. 00:25:29.560 --> 00:25:32.170 MILLER, CHARLENE S So let's not let us be thrown by that. 00:25:34.630 --> 00:25:43.330 MILLER, CHARLENE S OK. And we're going to focus quite a bit on the terms similar articles here because that sort of expands the heading. 00:25:44.110 --> 00:25:47.740 MILLER, CHARLENE S And also the fact that these are of any material. 00:25:51.260 --> 00:25:57.050 MILLER, CHARLENE S Real quick, there were some minor changes to this heading language at the beginning of this year. 00:25:58.460 --> 00:26:05.090 MILLER, CHARLENE S The heading language that I just read is at the top of the slide. The previous wording is on the bottom of the slide. 00:26:06.130 --> 00:26:19.400 MILLER, CHARLENE S You'll notice they mostly just rearrange some words, but there was one somewhat meaningful difference. You see, it used to say diapers and diaper liners for babies and similar articles. 00:26:20.380 --> 00:26:22.820 MILLER, CHARLENE S They deleted the words for babies. 00:26:23.570 --> 00:26:26.640 MILLER, CHARLENE S And they did that for a good reason. I'm glad they did that because. 00:26:28.050 --> 00:26:31.800 MILLER, CHARLENE S This heading has always included diapers for adults. 00:26:32.770 --> 00:26:39.930 MILLER, CHARLENE S And incontinence products for adults and the explanatory notes have always stated that for some reason though. 00:26:41.140 --> 00:26:47.280 MILLER, CHARLENE S They, they said diapers for babies and so they deleted that confusion now. 00:26:53.340 --> 00:27:01.480 MILLER, CHARLENE S As Catherine stated, in her half of the presentation, heading 9619 was added in January of 2012. 00:27:02.150 --> 00:27:05.240 MILLER, CHARLENE S So it's a relatively new heading. 00:27:06.380 --> 00:27:08.830 MILLER, CHARLENE S And before this heading existed. 00:27:09.950 --> 00:27:34.890 MILLER, CHARLENE S Diapers, like cloth diapers for example, as well as sanitary pads, nursing pads and the like, or classified throughout the terror schedule, depending on their constituent material. And I've given some examples here. So if those products were made of paper or paper wadding, they used to be classified in 4818. If they were made of textile watering, they were 5601. 00:27:37.300 --> 00:27:47.990 MILLER, CHARLENE S If they were babies, garments. So cloth diapers and stuff used to go in 6111 and 6209, and likewise other textiles were 6307. 00:27:49.630 --> 00:27:55.150 MILLER, CHARLENE S So in 2012, they decided to consolidate all of these into one heading. 00:27:55.970 --> 00:27:57.840 MILLER, CHARLENE S They thought that that would be clearer. 00:28:01.920 --> 00:28:13.710 MILLER, CHARLENE S So what that means though, is if you were searching our online ruling search cross and you find rulings for these sorts of products that predate 2012. 00:28:14.440 --> 00:28:15.800 MILLER, CHARLENE S Be careful of that. 00:28:16.650 --> 00:28:22.980 MILLER, CHARLENE S You can't really rely on those earlier rulings, at least not for final classification purposes. 00:28:23.720 --> 00:28:35.280 MILLER, CHARLENE S So if you were gonna 2010 ruling for disposable diapers, it might tell you to classify 4818. We know that now they belong in 9619. 00:28:37.570 --> 00:28:55.020 MILLER, CHARLENE S I won't use a couple of examples of older rulings though, because there are sometimes that the older rulings can still have relevance as far as composite goods where we're deciding an essential character like what material is the essential character? 00:28:55.970 --> 00:29:03.170 MILLER, CHARLENE S So in a way, I'm still I'm glad that those rulings are still in the the system, but you just have to be careful to look at the date. 00:29:10.870 --> 00:29:19.000 MILLER, CHARLENE S We always like to look at the explanatory note when we're exploring a heading, so the explanatory notes to heading 9619 tell us. 00:29:20.220 --> 00:29:24.310 MILLER, CHARLENE S In general, the articles of his heading are disposable, however. 00:29:25.570 --> 00:29:43.640 MILLER, CHARLENE S This heading also includes similar traditional articles made-up solely of textile materials, which are usually reusable following laundering. So again, what did the heading language tell us of any materials? So we've got the cloth products, we've got the disposable products, they all go in 9619. 00:29:45.990 --> 00:29:53.160 MILLER, CHARLENE S Explanatory notes also give us an example of a common way that these products are constructed. 00:29:54.120 --> 00:29:58.470 MILLER, CHARLENE S They tell us that many of these articles articles are composed of. 00:29:59.350 --> 00:30:02.270 MILLER, CHARLENE S A an inner layer, for example Nonwovens. 00:30:02.910 --> 00:30:07.200 MILLER, CHARLENE S Designed to wig fluid from the wearer skin and thereby prevent shaping. 00:30:08.390 --> 00:30:14.990 MILLER, CHARLENE S B and absorbent core for collecting and storing fluid until the product can be disposed of. 00:30:15.850 --> 00:30:17.840 MILLER, CHARLENE S And C an outer layer. 00:30:19.130 --> 00:30:20.450 MILLER, CHARLENE S Perhaps plastics? 00:30:21.090 --> 00:30:28.550 MILLER, CHARLENE S To prevent leakage of fluid from the absorbent core and when we're referring to fluid throughout here, we're actually talking about bodily fluids. 00:30:30.960 --> 00:30:38.100 MILLER, CHARLENE S Explanatory notes also tell us that the articles of this heading are usually shaped so that they may fit snugly to the human body. 00:30:41.790 --> 00:30:42.680 MILLER, CHARLENE S Sorry about that. 00:30:43.820 --> 00:30:46.550 MILLER, CHARLENE S To the Exploratorium give us some exclusions. 00:30:48.090 --> 00:31:03.490 MILLER, CHARLENE S This heading does not cover products such as disposable surgical drapes and absorbent pads for hospital beds, operating tables and wheelchairs, or nonabsorbent nursing pads or other non absorbent articles. 00:31:04.360 --> 00:31:08.510 MILLER, CHARLENE S They are in general classified according to their constituent material. 00:31:09.820 --> 00:31:10.490 MILLER, CHARLENE S And I'm going to. 00:31:11.670 --> 00:31:25.730 MILLER, CHARLENE S Make a point of this. Going through the presentation. Two things absorbent and warn snuggly on the body. The articles of heading 9619 are generally both absorbent and warn snuggly on the body. 00:31:26.390 --> 00:31:32.200 MILLER, CHARLENE S I underlined generally because I am going to give you one exception later on. There's always got to be an exception, right? 00:31:37.470 --> 00:31:39.600 MILLER, CHARLENE S There's also an important section note. 00:31:41.490 --> 00:31:44.070 MILLER, CHARLENE S Section 11 note 1U. 00:31:44.680 --> 00:31:52.830 MILLER, CHARLENE S OK. So section 11 includes chapters 61 and 62. The wearing apparel chapters and this section note tells us. 00:31:54.190 --> 00:31:58.680 MILLER, CHARLENE S The Section 11 does not cover articles of Chapter 96. 00:31:59.850 --> 00:32:01.990 MILLER, CHARLENE S Including heading 9619. 00:32:02.830 --> 00:32:11.300 MILLER, CHARLENE S That's important because if you have an item that is classified and heading 9619, then we know this section note. 00:32:12.100 --> 00:32:15.060 MILLER, CHARLENE S Is excluding it from the wearing apparel chapters. 00:32:33.980 --> 00:32:38.920 MILLER, CHARLENE S So diaper covers for example like that little white frilly one picture there. 00:32:40.010 --> 00:32:47.930 MILLER, CHARLENE S It doesn't really have any absorbency. It just pulls over the diaper as a cover, so that is not 9619. 00:32:49.040 --> 00:32:54.940 MILLER, CHARLENE S Regular children's underwear that doesn't really have any major absorbency. Also not 9619. 00:32:56.080 --> 00:33:00.010 MILLER, CHARLENE S Textile infant bibs and Catherine alluded to those. 00:33:02.360 --> 00:33:05.030 MILLER, CHARLENE S Paper bibs of heading 4818. 00:33:06.430 --> 00:33:14.310 MILLER, CHARLENE S Silicone nursing bads and hydrogel nursing pads. Neither of those are absorbent. They are not 9619. 00:33:15.130 --> 00:33:22.570 MILLER, CHARLENE S Burping clothes, changing station liners, baby wipes and so-called diapers for animals. 00:33:25.200 --> 00:33:28.490 MILLER, CHARLENE S Either these don't fit snugly to the human body. 00:33:29.180 --> 00:33:33.030 MILLER, CHARLENE S Or they are not absorbent. None of these are 9619. 00:33:37.880 --> 00:33:47.260 MILLER, CHARLENE S So what about the articles that are classified in 9619? Well within this heading, we still care about constituent material. 00:33:49.100 --> 00:33:54.570 MILLER, CHARLENE S So composite goods are classified according to the component which imparts the essential character. 00:33:55.200 --> 00:34:00.690 MILLER, CHARLENE S And generally this will be the component component which provides the greatest absorbency. 00:34:01.750 --> 00:34:04.880 MILLER, CHARLENE S Like this poor baby that's being sucked into his diaper here. 00:34:06.860 --> 00:34:12.960 MILLER, CHARLENE S You'll notice that word absorbent absorbency. It keeps coming up over and over with 9619. That's a really key concept. 00:34:15.660 --> 00:34:17.550 MILLER, CHARLENE S This is just a screenshot of. 00:34:18.180 --> 00:34:36.270 MILLER, CHARLENE S The first section of 9619 because I wanted to illustrate that point that within 9619 we still care about the material and it still breaks down by material. You'll see a plastics of paper pulp, of textile, watting, et cetera, right. 00:34:39.720 --> 00:34:43.470 MILLER, CHARLENE S And really within this heading, there are three sections. 00:34:44.180 --> 00:35:04.490 MILLER, CHARLENE S In terms of classifying so 96, nineteen 0005 through ninety 619-0025 which is the screen I just showed you is a section for any items of this heading that are made of these materials. The named you know plastic paper, pulp paper, cellulose wadding. 00:35:05.660 --> 00:35:08.390 MILLER, CHARLENE S Webs and cellulose fibers or textile wanting. 00:35:09.430 --> 00:35:15.830 MILLER, CHARLENE S If it's classified 9619 and it is one of these materials, this is the section where you're going to classify it. 00:35:16.800 --> 00:35:23.410 MILLER, CHARLENE S The second section 96 nineteen 00 thirty one through ninety 619-0048. 00:35:24.590 --> 00:35:32.900 MILLER, CHARLENE S Covers diapers of textile, so this is where your cloth diapers are gonna go. And then from there again, it's gonna break it down further by. 00:35:33.630 --> 00:35:39.610 MILLER, CHARLENE S The type of fiber content is a cotton is a polyester. Is it knit? Is it woven, et cetera. 00:35:41.390 --> 00:35:42.720 MILLER, CHARLENE S And then this last section. 00:35:43.400 --> 00:35:48.310 MILLER, CHARLENE S 96 nineteen 00 sixty one through ninety 619-0090. 00:35:49.190 --> 00:35:52.950 MILLER, CHARLENE S Covers everything else of this headache that has not yet been covered. 00:35:58.550 --> 00:36:02.060 MILLER, CHARLENE S Since I mentioned textile watering and cellulose watering. 00:36:02.710 --> 00:36:10.290 MILLER, CHARLENE S I'm not going to belabor this slide, but I just want to show you where to find the tariff definitions. So textile watting is defined. 00:36:11.050 --> 00:36:14.290 MILLER, CHARLENE S By the explanatory notes to heading 5601. 00:36:15.050 --> 00:36:21.720 MILLER, CHARLENE S And you can see it gives a fairly detailed explanation if you need to research that ever. 00:36:25.970 --> 00:36:27.910 MILLER, CHARLENE S And cellulose watering likewise. 00:36:28.810 --> 00:36:37.910 MILLER, CHARLENE S Is described in the explanatory notes to heading 4803 and also chapter 48. Additional US note one. 00:36:45.390 --> 00:36:51.510 MILLER, CHARLENE S OK, so this is just sort of a generic diagram of a Pampers diaper. 00:36:52.370 --> 00:37:01.020 MILLER, CHARLENE S And I included it because I wanted to stress the point that some of these products can be made of multiple materials, multiple components. 00:37:01.650 --> 00:37:05.920 MILLER, CHARLENE S And when you're classifying, you're going to need to make an essential character determination. 00:37:07.690 --> 00:37:14.900 MILLER, CHARLENE S For classification purposes, it's generally the absorbent core that locks in the moisture. 00:37:16.160 --> 00:37:35.270 MILLER, CHARLENE S That confers the essential character, so an item may have little adhesive tabs on the top. It may have little elastics, but we're not so interested in what those are made out of when we're classifying a product of 9619, we really kind of care about the absorbing core. 00:37:37.540 --> 00:37:44.040 MILLER, CHARLENE S And I've noted a headquarter ruling here, headquarters ruling 965891. 00:37:44.730 --> 00:37:58.240 MILLER, CHARLENE S And also in New York ruling that headquarters ruling is from 2002, so it predates the existence of 9619. If you read this ruling, it will not make mention of 9619 at all. 00:37:59.050 --> 00:38:00.240 MILLER, CHARLENE S But I included it. 00:38:01.190 --> 00:38:16.480 MILLER, CHARLENE S Because again, it gives a pretty nice analysis of which component imparts the essential character, and we can still use that logic as long as when we get to the end, we realize, OK, now we apply that to heading 9619. 00:38:23.140 --> 00:38:29.320 MILLER, CHARLENE S Now when you request a ruling from our division on any product that might be 9619. 00:38:30.570 --> 00:38:40.210 MILLER, CHARLENE S You can see where we're going to need a very detailed description, so if you can include all of the materials with a percentage weight breakdown. 00:38:41.140 --> 00:38:53.990 MILLER, CHARLENE S And also tell us what the various materials are, what their function is in the product. So if it's multilayered, tell us, you know this plastic layer on the bottom helps prevent leak through. 00:38:54.620 --> 00:38:55.210 MILLER, CHARLENE S Or. 00:38:55.950 --> 00:39:02.590 MILLER, CHARLENE S These absorbent layers of polyester fabric soak in and absorb as the locking core. 00:39:03.280 --> 00:39:06.510 MILLER, CHARLENE S So if you give us that kind of description in a ruling request. 00:39:07.640 --> 00:39:16.250 MILLER, CHARLENE S Then we won't need to return it to you or ask follow up questions. Sometimes we still need to send it to the lab. We try to avoid that. 00:39:20.870 --> 00:39:22.520 MILLER, CHARLENE S Here is a little case study. 00:39:23.560 --> 00:39:26.830 MILLER, CHARLENE S And I'm going to see what you think as far as classifying this. 00:39:27.980 --> 00:39:36.350 MILLER, CHARLENE S This is a hybrid diaper system that consists of an outer shell of knit fabric. So that's the blue portion in the photo. 00:39:37.300 --> 00:39:54.570 MILLER, CHARLENE S That secured around the waste by Velcro tabs. There's also a liner pouch of woven fabric coated on one side with polyurethane plastic, which attaches to the shell by means of four corner snaps. That's the white portion in the photo. OK. 00:39:55.610 --> 00:40:02.140 MILLER, CHARLENE S Meanwhile, there's a washable absorbent insert which is made in the United States and it's sold separately. 00:40:03.040 --> 00:40:07.820 MILLER, CHARLENE S And it's not imported with the other components, so the only portion that's being imported. 00:40:08.480 --> 00:40:09.210 MILLER, CHARLENE S Is this? 00:40:10.220 --> 00:40:11.770 MILLER, CHARLENE S Blue outer shell. 00:40:13.090 --> 00:40:15.230 MILLER, CHARLENE S With the inner liner pouch. 00:40:16.790 --> 00:40:28.320 MILLER, CHARLENE S How would we classify that? Would that be an article of 9619 or would that be an article of heading 6111? And if you want to, you can type your response in the chat. 00:40:34.910 --> 00:40:35.560 MILLER, CHARLENE S I'm seeing. 00:40:36.230 --> 00:40:38.360 MILLER, CHARLENE S A lot of people saying 6111. 00:40:41.980 --> 00:40:48.750 MILLER, CHARLENE S Oops, sorry and you are correct and you're probably thinking the way you should be with this heading right that. 00:40:49.850 --> 00:40:51.510 MILLER, CHARLENE S I'll read you a little bit from the ruling. 00:40:52.420 --> 00:41:08.910 MILLER, CHARLENE S The above definitions of the term diaper and pertinent explanatory notes show that heading 9619 provides for absorbent articles. Upon review, we find that the diaper shells and liners that issue are not designed to be absorbent in and of themselves. 00:41:09.550 --> 00:41:12.370 MILLER, CHARLENE S Like I say, absorbency is super important with this heading. 00:41:13.860 --> 00:41:16.690 MILLER, CHARLENE S Effectively, they amount to no more than diaper covers. 00:41:17.360 --> 00:41:28.840 MILLER, CHARLENE S The component which provides absorbency, the absorbent insert, is made in the United States and not imported with the diaper shells and inserts. Therefore, we conclude that the diaper shells and liners. 00:41:29.520 --> 00:41:30.340 MILLER, CHARLENE S Diaper covers. 00:41:31.030 --> 00:41:43.300 MILLER, CHARLENE S Lack the essential absorbent component required for classification and heading 9619. Accordingly, we find that they are not diapers of having 9619 and are not classified in this heading. 00:41:46.300 --> 00:41:48.490 MILLER, CHARLENE S You guys are absolutely thinking right here. 00:41:49.900 --> 00:41:52.110 MILLER, CHARLENE S Sort of as a contrast to that. 00:41:53.200 --> 00:41:55.450 MILLER, CHARLENE S If you had a similar hybrid diaper. 00:41:56.310 --> 00:42:10.780 MILLER, CHARLENE S It has the outer shell, and then you can see there's this kind of tunnel in the gusset and it comes with these absorbent, washable pads that slip into that tunnel. OK, this whole thing is imported together. 00:42:11.590 --> 00:42:15.650 MILLER, CHARLENE S So in this case it does have the absorbent aspect. 00:42:16.670 --> 00:42:19.520 MILLER, CHARLENE S And it is classified in 9619. 00:42:20.330 --> 00:42:25.770 MILLER, CHARLENE S And I provided the New York ruling there and to 86773. 00:42:31.140 --> 00:42:32.870 MILLER, CHARLENE S So what about diaper liners? 00:42:34.490 --> 00:42:36.490 MILLER, CHARLENE S They are kind of an exception. 00:42:37.140 --> 00:42:37.870 MILLER, CHARLENE S Because. 00:42:38.710 --> 00:42:43.990 MILLER, CHARLENE S Although most of the articles of 9619 are absorbent and worn on the body. 00:42:45.140 --> 00:43:00.850 MILLER, CHARLENE S Well, there always has to be an exception, right? So so first of all, what are diaper liners? OK, so diaper liners are placed on the inside of a clean diaper before placing the diaper on the baby. And then during diaper changes, the liner containing the waste is lifted out of the diaper. 00:43:02.030 --> 00:43:03.640 MILLER, CHARLENE S It keeps the diaper cleaner. 00:43:04.570 --> 00:43:10.140 MILLER, CHARLENE S And some stay dry liners. Also keep the baby dry by wicking away moisture to keep the skin dry. 00:43:11.100 --> 00:43:22.610 MILLER, CHARLENE S Liners can be made of reusable cloth or disposable materials, so even if not absorbent, diaper liners remain. In 9619, they're an exception to the rule because. 00:43:23.390 --> 00:43:32.670 MILLER, CHARLENE S Diaper liners are specifically named in the heading language. This is the heading language again and you'll see it says diapers and diaper liners. 00:43:33.720 --> 00:43:40.170 MILLER, CHARLENE S So there is no way around diaper liner is just flat out belong in 9619 regardless of their absorbency. 00:43:42.220 --> 00:43:43.210 MILLER, CHARLENE S Make sense? OK. 00:43:45.910 --> 00:43:52.020 MILLER, CHARLENE S Real quick nursing pads. They fit inside the wearers bra to absorb milk leakage. 00:43:57.280 --> 00:44:07.510 MILLER, CHARLENE S So nursing pads are 9619 and they're as long as they're absorbent and they're classified by the material which provides the greatest absorbent capability. 00:44:09.620 --> 00:44:13.080 MILLER, CHARLENE S Now I provided a headquarters ruling again which. 00:44:13.870 --> 00:44:14.680 MILLER, CHARLENE S Predates. 00:44:15.430 --> 00:44:25.630 MILLER, CHARLENE S 2012 predates heading 9619, but again that logic where you're thinking through what's the essential character of this product is still gonna hold true. 00:44:26.870 --> 00:44:42.240 MILLER, CHARLENE S Note that non absorbent nursing pads are not 9619 and there are a couple of kinds, but I think I mentioned earlier. Still acone pads. Those are simply designed to prevent leakage by applying gentle pressure. 00:44:42.930 --> 00:44:50.620 MILLER, CHARLENE S And hydrogel pads, which are used after refrigeration to soothe sore breasts. So even though those might be marketed. 00:44:58.310 --> 00:45:02.010 MILLER, CHARLENE S And I've listed a couple of headquarters rulings at the bottom of this slide. 00:45:07.770 --> 00:45:12.160 MILLER, CHARLENE S OK. So another headquarters ruling from 2020 and Catherine mentioned this. 00:45:13.150 --> 00:45:21.520 MILLER, CHARLENE S But it bears repeating because it directly links to 9619 for disposable bibs, potty toppers, and changing paths. 00:45:23.220 --> 00:45:33.970 MILLER, CHARLENE S So all three of these products were constructed in a similar manner. They had a top layer of polypropylene on middle layer of paper and a back layer of plastic. 00:45:35.820 --> 00:45:48.010 MILLER, CHARLENE S And as Catherine mentioned, the disposable paper bibs in this headquarters ruling end up classified in 4818. Fifty articles of apparel and clothing accessories of paper. 00:46:01.810 --> 00:46:04.240 MILLER, CHARLENE S I have all the exciting glamorous headings. 00:46:06.570 --> 00:46:24.960 MILLER, CHARLENE S Now these rulings make perfect sense because again, we've learned that the articles of 9619 tend to be absorbent and they tend to be worn snugly to the human body. Or clearly these changing paths and these potty toppers are not worn on the body at all. 00:46:25.720 --> 00:46:35.640 MILLER, CHARLENE S So they're not even an issue for 9619. The bib? Well, you might be saying, you know, you're wearing it. Yes. And it is somewhat absorbent. Yes, but. 00:46:37.330 --> 00:46:42.470 MILLER, CHARLENE S You're not worrying a closely to your body. You're actually usually wearing it on top of other clothing. 00:46:43.280 --> 00:46:48.540 MILLER, CHARLENE S It's not absorbing bodily fluids, it's usually just catching food that's been dropped. 00:46:49.300 --> 00:46:53.370 MILLER, CHARLENE S And its purpose is to prevent you from messing up your clothing. 00:46:54.510 --> 00:47:00.640 MILLER, CHARLENE S So it really doesn't have the same characteristics as the articles of 9619. 00:47:01.300 --> 00:47:04.400 MILLER, CHARLENE S And it is more appropriate as articles of apparel. 00:47:05.250 --> 00:47:06.000 MILLER, CHARLENE S Of paper. 00:47:07.160 --> 00:47:08.470 MILLER, CHARLENE S Hopefully that makes sense. 00:47:11.370 --> 00:47:12.780 MILLER, CHARLENE S I touch on swim diapers. 00:47:13.610 --> 00:47:36.970 MILLER, CHARLENE S So a swim diaper is an infant swimsuit with built in diapers designed for minor waste retention and obviate the need to place a separate diaper under a swimsuit. They help prevent waste and bacteria from entering the water. We have some pictures here. You can see the outside of the garment and then flipped inside out. You can see the multiple layers of lining in there. 00:47:37.730 --> 00:47:38.120 MILLER, CHARLENE S OK. 00:47:39.460 --> 00:47:41.620 MILLER, CHARLENE S So the classification issue comes up. 00:47:43.070 --> 00:47:48.380 MILLER, CHARLENE S Are these articles of 9619 or are they articles of regular wearing apparel? 00:47:49.350 --> 00:47:51.870 MILLER, CHARLENE S First of all, the swimsuit tops are a non issue. 00:47:52.480 --> 00:48:05.980 MILLER, CHARLENE S Because obviously the top portion is not going to be an article of 9619, so the swimsuit tops are classified as baby garments, and I've given the headquarters ruling H 285880 OK. 00:48:06.750 --> 00:48:25.260 MILLER, CHARLENE S But what about the bottoms? So prior to 2012, prior to the existence of heading 9619 swimsuit bottoms and cloth diapers for infants were both classified in the wearing apparel headings 6111 Sixty 209. So there was no conflict. Nobody ever asked this question. 00:48:26.580 --> 00:48:38.640 MILLER, CHARLENE S But since the creation of heading 9619, there's a conflict. Now. We have to decide, are they 6111 and 6209 or are they more accurately classified in 9619? 00:48:39.630 --> 00:48:48.760 MILLER, CHARLENE S And from that section, no earlier we know if it's classified in 9619, it's excluded by section notes in in section 11, right. 00:48:49.570 --> 00:48:52.520 MILLER, CHARLENE S Can't go in section 11. It has to go in 6919. 00:48:53.320 --> 00:48:55.660 MILLER, CHARLENE S Excuse me. 1996 nineteen. 00:48:56.900 --> 00:48:58.570 MILLER, CHARLENE S Getting 10 to timed out here. 00:49:02.120 --> 00:49:04.010 MILLER, CHARLENE S So this headquarters ruling. 00:49:04.710 --> 00:49:07.360 MILLER, CHARLENE S Decided to swim diaper issue for us. 00:49:08.520 --> 00:49:12.770 MILLER, CHARLENE S Headquarters ruling H3O4671. 00:49:13.570 --> 00:49:18.990 MILLER, CHARLENE S It decided that these are similar articles. Remember the heading language included. 00:49:20.220 --> 00:49:25.200 MILLER, CHARLENE S Diapers and diaper liners and similar articles of any material. So. 00:49:27.510 --> 00:49:36.260 MILLER, CHARLENE S The swim diaper has the features and functions similar to a diaper and is classified accordingly, and that's language directly from this ruling. 00:49:41.090 --> 00:49:44.560 MILLER, CHARLENE S So with that in mind, we're also investigating. 00:49:45.610 --> 00:49:50.460 MILLER, CHARLENE S The classification of textile washable training pants. 00:49:51.610 --> 00:49:52.260 MILLER, CHARLENE S So. 00:49:53.750 --> 00:50:10.510 MILLER, CHARLENE S These are sort of intermediate products that a child a toddler would wear. They're not wearing diapers anymore, but they're not wearing regular underwear underwear. They're wearing these training pants that have some layers in the gusset for additional absorbency. 00:50:12.590 --> 00:50:29.840 MILLER, CHARLENE S So existing rulings classified these as apparel, but should they be 9619? This issue is currently before headquarters. There's a pending headquarters ruling there, but if you were to search it and cross right now, it would not come up because it has not been issued yet. 00:50:32.040 --> 00:50:46.700 MILLER, CHARLENE S In the meantime, if our division were to receive a ruling request for textile training pants, we could not issue a ruling. We would have to return it to you because we cannot issue new rulings while an issue like this is pending. 00:50:48.770 --> 00:50:50.850 MILLER, CHARLENE S Mind you, disposable training pants. 00:50:51.480 --> 00:50:55.100 MILLER, CHARLENE S We've been pretty consistent putting those in 9619. 00:51:01.670 --> 00:51:03.780 MILLER, CHARLENE S Another open issue right now. 00:51:05.640 --> 00:51:12.860 MILLER, CHARLENE S Textile washable, reusable, whatever terms you wanna use incontinence underwear for adults. 00:51:15.030 --> 00:51:27.410 MILLER, CHARLENE S Over recent years, there has been an advancement in absorbent materials, so you may have seen a lot more commercials for incontinence, underwear and products like this. 00:51:28.330 --> 00:51:40.140 MILLER, CHARLENE S I don't think when heading 9619 was created 10 years ago that they necessarily considered these products. I don't think they were as common as they are now. 00:51:41.230 --> 00:51:49.640 MILLER, CHARLENE S So now we're just getting to the point where we need to address this. There are a couple of pending CIT cases that I've listed here. 00:51:50.970 --> 00:52:02.220 MILLER, CHARLENE S That hopefully we'll decide that underlying issue of whether incontinence underwear for adults belongs in 9619 or, as, quote, regular underwear. 00:52:05.660 --> 00:52:09.700 MILLER, CHARLENE S Now actually I should mention that these CIT cases, the underlying. 00:52:11.140 --> 00:52:22.740 MILLER, CHARLENE S Issue being decided was actually taken to court over whether the special provision ninety 817-0096 applied. That's the provision for. 00:52:23.450 --> 00:52:23.890 MILLER, CHARLENE S Uh. 00:52:25.560 --> 00:52:33.670 MILLER, CHARLENE S Articles for the blind or handicapped, and whether or not incontinence underwear qualifies under that heading. 00:52:34.560 --> 00:52:35.090 MILLER, CHARLENE S But. 00:52:36.200 --> 00:52:49.850 MILLER, CHARLENE S Because it's in court, the underlying classification still matters, and it's still going to be part of this case. So again, in the meantime, all these court cases are making their way through the system. 00:52:50.620 --> 00:52:53.050 MILLER, CHARLENE S Our division cannot write any rulings. 00:52:53.760 --> 00:52:59.200 MILLER, CHARLENE S On the underlying classification of incontinence underwear for adults and. 00:53:00.050 --> 00:53:08.680 MILLER, CHARLENE S I just captured these off of the Internet. These are not literally the products that are in court right now. They're just examples of what I mean. 00:53:09.340 --> 00:53:17.770 MILLER, CHARLENE S Where incontinence underwear for adults kind of looks like regular underwear, but it has additional absorbent layers in the gusset. 00:53:19.430 --> 00:53:29.420 MILLER, CHARLENE S And there's a diagram showing the breakdown and you can see how that kind of lines up with the explanatory note language for 9619, where it has these additional layers. 00:53:30.050 --> 00:53:32.890 MILLER, CHARLENE S But we'll see how the court works this out. 00:53:37.650 --> 00:53:40.070 MILLER, CHARLENE S Hey, kind of love this slide because. 00:53:41.550 --> 00:53:55.230 MILLER, CHARLENE S I was just doing a random search on the Internet to find pictures of so-called diapers for animals and frankly, I was sort of shocked. I mean, seriously, you can buy diapers for rats. I'm not kidding. 00:53:56.430 --> 00:54:01.770 MILLER, CHARLENE S But anyway, if you have an incontinent dog or cat or chicken or rat. 00:54:02.690 --> 00:54:04.560 MILLER, CHARLENE S And you buy a product for them. 00:54:06.330 --> 00:54:16.810 MILLER, CHARLENE S These products are not classifiable in 9619. They are absorbent, but they are not one snuggly to the human body. They are worn snugly to the animal body. 00:54:17.520 --> 00:54:30.400 MILLER, CHARLENE S So we have been classifying these in 4201 and I've listed some rulings, three rulings there. If you wanted to look and cross where we're we're being consistent with these, OK. 00:54:33.400 --> 00:54:36.880 MILLER, CHARLENE S OK, so a couple of minor slides to tie things up. 00:54:39.110 --> 00:54:45.960 MILLER, CHARLENE S Some subheadings within 9619 are subject to additional 301 duties from China. 00:54:47.020 --> 00:55:02.470 MILLER, CHARLENE S Specifically, these subheadings. Not all of them. So if you are planning to import these products, do a little research. Currently they're under List 48, I believe 7.5%, but that's always subject to change, right? 00:55:05.290 --> 00:55:14.000 MILLER, CHARLENE S With that happy note, I take us to questions. So if you have a question right now, go ahead and type it into the chat box. 00:55:18.330 --> 00:55:23.980 MILLER, CHARLENE S And if you don't, I'll give it a second. But we can wait on this slide. 00:55:26.230 --> 00:55:36.650 MILLER, CHARLENE S This is my contact information if you wanted to e-mail me something and on the left that's the link where we save the recorded webinars. 00:55:37.610 --> 00:55:42.040 MILLER, CHARLENE S OK, somebody is saying, could you please go back to slide 58? 00:55:46.430 --> 00:55:47.100 MILLER, CHARLENE S This slide. 00:55:49.450 --> 00:55:51.360 MILLER, CHARLENE S OK, I hope that's the one you meant. 00:55:53.000 --> 00:56:00.210 MILLER, CHARLENE S And then I'm getting some other question. Does similar articles include items similar to sanitary pads? Are only if similar to diapers? 00:56:01.380 --> 00:56:27.200 MILLER, CHARLENE S So if you're a question, it would include items similar to sanitary pads. I wasn't focusing much on sanitary pads and tampons in this particular webinar because there aren't as many issues with those. They're pretty straightforward. And also they really didn't dovetail with Catherines presentation on infant garments, but yes, potentially similar. 00:56:27.970 --> 00:56:29.380 MILLER, CHARLENE S To those products as well. 00:56:31.330 --> 00:56:35.820 MILLER, CHARLENE S Somebody else wants to go back to slide 42. 00:56:37.740 --> 00:56:41.360 MILLER, CHARLENE S OK, you guys are very good at paying attention to the slides, so. 00:56:42.400 --> 00:56:50.930 MILLER, CHARLENE S I have this as slide 42 which is again a snapshot of the very beginning subheadings of 9619. 00:56:59.970 --> 00:57:07.710 MILLER, CHARLENE S Certainly you can e-mail me if you have additional questions. I think I think that might that might be it. 00:57:09.170 --> 00:57:11.700 MILLER, CHARLENE S All right. Well, this has been fun. 00:57:12.620 --> 00:57:16.290 MILLER, CHARLENE S And again you can e-mail me if you have any additional questions. 00:57:17.080 --> 00:57:18.350 MILLER, CHARLENE S Thank you so much. 00:57:20.090 --> 00:57:21.190 MILLER, CHARLENE S And thank you, Catherine.