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Nov. 9 CBP Bulletin Proposes to Revoke Rulings on Wireless Headphone Sets

In the Nov. 9 Customs Bulletin (Vol. 56, No. 44), CBP published a proposal to revoke rulings on wireless headphone sets.

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Comments on Proposals Due Dec. 9

CBP said consideration will be given to any written comments received by Dec. 9 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.

Wireless Headphone Sets

Item: Bluetooth® wireless stereo headphones
Current: 8517.62.00, free, “Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus.”
Proposed: 8518.30.20, free, “Microphones and stands therefor; loudspeakers, whether or not mounted in their enclosures; headphones and earphones, whether or not combined with a microphone, and sets consisting of a microphone and one or more loudspeakers; audio-frequency electric amplifiers; electric sound amplifier sets; parts thereof: Headphones and earphones, whether or not combined with a microphone, and sets consisting of a microphone and one or more loudspeakers: Other.”
Reason: The transmission and reception functions of the Bluetooth® transceivers in the headphones essentially act in the same manner as stereo wires, except that the transceivers permit the connections to be wireless. The wireless functionality and controls do not give rise to a product with the principal function of transmitting and/or receiving data.
Proposed for revocation: NY N022195, dated Feb. 20, 2008; NY N022204, dated Feb. 20, 2008; and NY N240329, dated April 22, 2013
Proposed new ruling: HQ H317791