March 21 CBP Bulletin Withdraws Revocation Rulings on Fiber & Photoelectric Sensors
In the March 21, 2012 issue of the U.S. Customs and Border Protection Bulletin (Vol. 46, No. 13), CBP published notice that it is withdrawing its proposal to revoke two rulings concerning the tariff classification of Sunx Fiber Sensors and photoelectric sensors due to the receipt of two adverse comments.
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CBP Had Proposed to Revoke Rulings that Classified Sensors Under HTS 8541
In the June 26, 2009 issue of the Customs Bulletin, CBP proposed to revoke NY I87325 (2002) and NY K86469 (2004), in which CBP classified the subject Sunx Fiber Sensors and photoelectric sensors in subheading 8541.40.80 (duty-free) as "optical coupled isolators". CBP received two comments in opposition to the proposed revocation.
(CBP had proposed to revoke these rulings based on the fact that the sensors perform amplification of a current, which CBP stated was a function beyond the scope of the devices under heading 8541. CBP proposed that the sensors instead be classified under subheading 8543.70.96 (2.6%) as "other electrical machines and apparatus, having individual functions, not specified or included elsewhere in Chapter 85". See ITT's Online Archives 09062955 for summary.)
But Now Believes the Rulings Should Stand
After reviewing the comments in opposition to the proposed revocation, CBP now believes that these two rulings should stand. As a result, CBP is withdrawing its intent to revoke NY I87325 and NY K86469 and any other ruling not specifically identified. Additionally, CBP is withdrawing its intent to revoke any treatment previously accorded by CBP to substantially identical transactions.
CBP Contact -- Tamar Anolic (202) 325-0036