| Title: | TBT 03-023 RUBIE'S COSTUME |
|---|---|
| Date: | 2003-08-18 |
| To: | abi |
| Links: | previous, next |
AUGUST 12, 2003
TO: DIRECTORS, FIELD OPERATIONS
FROM: EXECUTIVE DIRECTOR, TRADE COMPLIANCE AND FACILITATION
OFFICE OF FIELD OPERATIONS
SUBJECT: TBT-03-023 DECISION IN RUBIE'S COSTUME COMPANY V. UNITED
STATES
REF: TBT-02-009-03 INFORMATION REGARDING RUBIE'S COSTUME
COMPANY V. UNITED STATES
BACKGROUND:
ON FEBRUARY 19, 2002, THE COURT OF INTERNATIONAL TRADE (CIT) ISSUED A
DECISION IN RUBIE'S COSTUME COMPANY V. UNITED STATES, WHICH HELD THAT
CERTAIN IMPORTED COSTUMES ARE CLASSIFIABLE AS WEARING APPAREL UNDER
CHAPTER 61 OR 62 OF THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES
(HTS). THE DECISION SUSTAINED THE POSITION OF A DOMESTIC INTERESTED
PARTY UNDER THE PROVISIONS OF SECTION 516, TARIFF ACT OF 1930, AS
AMENDED (19 U.S.C. 1516).
ON AUGUST 1, 2003, THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL
CIRCUIT (CAFC) REVERSED THE RULING OF THE CIT. IN THE DECISION, THE CAFC
STATED THAT CUSTOMS AND BORDER PROTECTION'S (CBP) PREVIOUS
CLASSIFICATION RULING IS PERSUASIVE AND MUST BE GRANTED DEFERENCE UNDER
SKIDMORE V. SWIFT & CO. AND REVERSED THE CIT DECISION THAT CERTAIN
COSTUMES PREVIOUSLY CLASSIFIED UNDER HTS HEADING 9505 WERE TO BE
CLASSIFIED UNDER CHAPTERS 61 OR 62 OF THE HTS. THE COSTUMES IN QUESTION
ARE FLIMSY AND NON-DURABLE. THE CAFC OPINION MAY BE FOUNDAT
WWW.FEDCIR.GOV.
ACTION:
CBP MAY NOT TAKE ACTION ON ENTRIES SUBJECT TO THIS CASE UNTIL THE
APPEAL PERIOD ESTABLISHED IN 19 CFR 176.31(B) HAS EXPIRED. BECAUSE
THIS DATE HAS NOT YET BEEN DETERMINED, THIS OFFICE WILL ISSUE INSTRUCTIONS
INSTRUCTIONS WHEN ACTION CAN BE TAKEN ON THE ENTRIES. ALL PROCESSING
OF ENTRIES SHOULD CONTINUE AS OUTLINED IN THE TBT REFERENCED ABOVE UNTIL
FURTHER NOTICE.
INFORMATION:
PLEASE PASS THIS INFORMATION TO PORT DIRECTORS, ASSISTANT PORT
DIRECTORS, IMPORT SPECIALISTS, AND ENTRY SPECIALISTS.
FOR CLASSIFICATION QUESTIONS, PLEASE CONTACT MR. KENNETH
REIDLINGER, AT (646) 733-3053 OR MS. ALICE WONG, AT (646) 733-3026.
FOR OPERATIONAL QUESTIONS, PLEASE CONTACT MS. SUSAN THOMAS,
AT (202) 927-3719, MS. CHERIE PARSONS, AT (202) 927-7002 OR MR. ROBERT
ABELS, AT (202) 927-1959.
(RICHARD T. CRICHTON SIGNED FOR)
ELIZABETH G. DURANT
CC: OFFICE OF REGULATIONS AND RULINGS, TEXTILE BRANCH