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May 11 CBP Bulletin Proposes to Revoke Ruling on Dog Wheelchairs

In the May 11 Customs Bulletin (Vol. 56, No. 18), CBP published a proposal to revoke a ruling on Dog Wheelchairs.

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Comments on Proposals Due June 10

CBP said consideration will be given to any written comments received by June 10 before taking these actions. In addition, any party that 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 the date that written comments on the proposed ruling are due. (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 agents for importations after the effective date of the final decision in this notice.)

Proposals

CBP is proposing to revoke or modify the rulings below, 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.

Certain Dog Wheelchairs

Item: A Dog Wheel Chair, a device designed to provide mobility to dogs with injured or amputated hind legs. It is composed of an aluminum rod frame with two wheels on the back end, a textile harness and straps to secure the dog. The Dog Wheel Chair comes with three sizes of wheels and four sizes of harnesses.
Current: 7615.19.90, 3.8%, “Table, kitchen or other household articles and parts thereof, of aluminum; pot scourers and scouring or polishing pads, gloves and the like, of aluminum; sanitary ware and parts thereof, of aluminum: Table, kitchen or other household articles and parts thereof; pot scourers and scouring or polishing pads, gloves and the like: Other: Other.”
Proposed: 9021.10.00, free, “Orthopedic appliances, including crutches, surgical belts and trusses; splints and other fracture appliances; artificial parts of the body; hearing aids and other appliances which are worn or carried, or implanted in the body, to compensate for a defect or disability; parts and accessories thereof: Orthopedic or fracture appliances, and parts and accessories thereof.”
Reason: EN 90.21 explains that heading 9021 covers “walking aids known as ‘walker-rollators’, which provide support for the users as they push them.” EN 90.21 further states, "this group also covers orthopaedic appliances for animals... ."
Proposed for revocation: NY N067952, dated July 24, 2009
Proposed new ruling: HQ H311415