June 23, 2010 CBP Bulletin Notices on 4 Proposed Ruling Changes
In the June 23, 2010 issue of the U.S. Customs and Border Protection Bulletin (Vol. 44, No. 26), CBP published notices that propose to modify or revoke 4 rulings regarding the products described below.
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Comments on Proposed Changes Due July 23
CBP states that any party who 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 July 23, 2010, the date that written comments on the proposed rulings are due. Furthermore, CBP states that 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 agent for importations subsequent to the effective date of the final decision in this notice.
Proposed Revocations and Modifications
CBP states that the proposed modifications and revocations cover the below rulings, 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.
| Current Ruling1 | Description/Reason | Current HTS/Rate2 | Proposed HTS/Rate |
| NY N008149, NY N005439 (1 would be revoked, 1 modified) | iPod ® FM Transmitters and plastic car Mount for use with transmitter Correction: Transmitter broadcast signals through recognized FM radio bands, but does not have reception capability Mount made to attach to the window or dashboard not considered part of automobile’s body | 8517.69.0000, 8525.60.2000 free (transmitters) 3926.30.5000 5.3% (car mount) | 8525.50.70 3% (transmitters) 8708.29.50 2.5% (car mount) |
| NY N087097 (would be revoked) | Sandals Correction: Loosely attached metal decoration not considered in the calculation of rubber or plastic external surface | 6402.99.4060 37.5% | 6402.99.31 6% |
| HQ 967159, NY L83104 (1 would be modified, 1 revoked) | Ceiling mount for Steris® Harmony Surgical Lighting system Correction: Classified as an integral part solely suitable for use with system | 8302.50.0000 free (ceiling mount) 9405.99.4000 6% (central axis and spring load arms) | 8479.90.94 free (entire system) |
| HQ 735542, NY K85099 (1 would be revoked, 1 modified) | Classification and origin marking of rubber hose assembly; classification of plastic hose assembly Rubber: Even though rubber hose assembly is used solely with vacuum, classification is under specific named provision, and is for duty purposes considered Canadian. Origin for marking purposes is U.S.3 based on the hose portion of the assembly. Plastic: Plastic hose assembly considered a set under GRI 3(b) with hose providing essential character and classified is under specific named provision. | 8509.90.15 3.4% (rubber) 8509.90.1560 2% (plastic) | 4009.12.00 free (rubber) 3917.33.00 3.1% (plastic) |
1The Bulletin also lists the ruling numbers for the proposed rulings
2Most of the tariff numbers and duty rates listed in the "Current HTS-Rate" column are from the original ruling listed in the Bulletin.
3U.S. origin marking subject to FTC jurisdiction